Guido Lemos and Adabelle Herrera-Lemos - Page 5




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          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. Lemos            






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