- 10 - attributable to car expenses. The deduction for job hunting expenses relates to the cost of airfare and other traveling expenses incurred when petitioner traveled from Michigan to Arizona to look for a new job. Authority for deducting these types of expenses is found in section 162(a), which, in general, allows “as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”, including a taxpayer’s trade or business as an employee. See Primuth v. Commissioner, 54 T.C. 374, 377-378 (1970). Deductions for travel and transportation expenses otherwise allowable under section 162(a), however, are subject to strict substantiation requirements, see sec. 274(d)(1); sec. 1.274-5T, Temporary Income Tax Regs., 50 Fed. Reg. 46006 (Nov. 6, 1985), which petitioners have failed to satisfy. It is not clear whether the section 274(d) substantiation requirements are applicable to the portion of the unreimbursed employee expense deduction identified on the Form 2106-EZ as “business expenses”, since those expenses are neither specifically described on petitioners’ return nor explained by petitioner at trial. Petitioners’ failure to explain the deduction is grounds for its denial. Petitioners are not entitled to the miscellaneous itemized deduction claimed on their 1997 Federal income tax return, and respondent’s disallowance of that deduction is sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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