Richard V. Frederick and Nancy M. Frederick - Page 11

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          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.                                                






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