- 5 - unreimbursed employee business expenses, the Court notes that commuting expenses incurred by a taxpayer to and from the taxpayer's place of employment are personal expenses and are not deductible. Sec. 262; Commissioner v. Flowers, 326 U.S. 465 (1946). Petitioners presented no argument and cited no authority to the contrary. Petitioners contended at trial that they had incurred expenses for tax preparation and for special clothing required by Mrs. Parrett in her employment. The Court holds that, to the extent any expenses of this nature were incurred, the amounts would not exceed 2 percent of petitioners' adjusted gross income each year, and, therefore, under section 67(a), petitioners are not entitled to deductions for those items. With respect to charitable contributions, petitioners produced no documentary evidence to substantiate their contributions for the 2 years at issue. Petitioners testified that their records were destroyed in the flooding of their home. Even though their records were destroyed, petitioners made no attempt to reconstruct evidence of their contributions for the 2 years in question. However, it appears to the Court that petitioners did make qualifying charitable contributions during the years at issue and, therefore, under the Court's discretionary authority pursuant to Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930), allows petitioners charitable contribution deductions of $300 for each year at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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