- 4 - burglarized. According to the police report, a briefcase was stolen from the front seat of petitioners’ car. In the notice of deficiency, respondent disallowed the employee business expense deduction claimed on the Schedule A. With respect to the deductions claimed on the Schedule C, respondent disallowed the car and truck expense deduction, the rent or lease expense deduction, and $3,058 of the $3,765 deduction claimed as “Other expenses”. Each deduction was disallowed upon the ground that petitioners failed to establish that “any amount was paid * * * or, if paid, was for ordinary and necessary business or investment expenses”. Other adjustments made in the notice of deficiency need not be discussed. Discussion 1. Schedule A Employee Business Expense Deduction During 1996, Guido Lemos was employed as a supervisor in the shipping department of Cintas. According to petitioners, it was his responsibility to ensure that the delivery trucks dispatched from the company contained the proper cargo. According to petitioners, if an item was erroneously omitted from a designated shipment, Mr. Lemos, without his employer’s knowledge, used his own car to deliver the item to the customer, sometimes at substantial distances from his place of work. The deduction claimed for employee business expenses consists of automobile and other travel expenses claimed to have been incurred by Mr. LemosPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011