Christopher Wagner - Page 7




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          contribution.  Petitioner contended that his noncash                        
          contributions were in excess of $500 for each of the years in               
          question.  However, neither of his returns included IRS Form                
          8283, Noncash Charitable Contributions, which is required under             
          section 1.170A-13(b)(3), Income Tax Regs., relating to deductions           
          in excess of $500 for charitable contributions of property other            
          than money.  Moreover, the Court is satisfied from the record               
          that the amounts deducted as charitable contributions on                    
          petitioner's returns were arbitrarily determined by the return              
          preparer.  On this record, the Court sustains respondent on the             
          disallowed charitable contribution deductions for 1999 and 2000.            
               With respect to the second issue, the employee expenses,               
          petitioner claimed $11,153 and $9,600, respectively, for 1999 and           
          2000, for unreimbursed employee business expenses, prior to                 
          application of the limitation under section 67(a).  The expenses            
          claimed relate to petitioner's use of his personal vehicle in               
          connection with his employment, as well as other expenses,                  
          including a telephone and a pager.  Petitioner was required as a            
          condition of his employment to travel to places that required               
          overnight stays, while other uses of his vehicle were not away              
          from home.  The expenses claimed represent approximately 20.9               
          percent and 26.8 percent, respectively, of petitioner's wages for           
          the 2 years in question.                                                    







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