- 5 - in the course of delivering various items to his employer’s customers. In general, a taxpayer is entitled to deductions for ordinary and necessary trade or business expenses. Sec. 162(a). Trade or business expense deductions are allowed to those taxpayers who are self-employed as well as those taxpayers who are engaged in the trade or business of being an employee. Primuth v. Commissioner, 54 T.C. 374, 377 (1970); Christensen v. Commissioner, 17 T.C. 1456 (1952). During 1996, Mr. Lemos was an employee of Cintas. However, nothing in the record suggests that, as a condition of that employment, Mr. Lemos was required or expected to use his own car for delivery purposes. That being so, the expenses, even if incurred, are not deductible. Schmidlapp v. Commissioner, 96 F.2d 680 (2d Cir. 1938); Eder v. Commissioner, T.C. Memo. 1981- 408. Respondent’s determination disallowing the deduction for employee business expenses is, therefore, sustained.1 1 The disallowance of this itemized deduction in and of itself reduces the total of other itemized deductions to an amount below the standard deduction applicable to married individuals who elect to file a joint return. Consequently, respondent computed the deficiency here in dispute by disallowing all itemized deductions and allowing the appropriate standard deduction. Because we have sustained respondent’s disallowance of the employee business expense deduction, it is unnecessary to address the dispute between the parties with respect to the proper amount of petitioners’ medical expense deduction.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011