- 12 - He also testified that his employer has a reimbursement policy for employee business expenses. Mr. Maher, however, did not submit any evidence that his employer did not reimburse him for his alleged business expenses. Pursuant to section 162(a), a taxpayer may deduct all of the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business including a trade or business as an employee. Lucas v. Commissioner, 79 T.C. 1, 6 (1982). An employee cannot deduct trade or business expenses to the extent that the employee is entitled to reimbursement from his or her employer for expenditures related to his or her status as an employee. Id. at 7; Kennelly v. Commissioner, 56 T.C. 936, 943 (1971), affd. without published opinion 456 F.2d 1335 (2d Cir. 1972); Stolk v. Commissioner, 40 T.C. 345, 356 (1963), affd. 326 F.2d 760 (2d Cir. 1964). Mr. Maher was entitled to reimbursement for his claimed unreimbursed employee expenses. Accordingly, Mr. Maher is not entitled to deduct any of these expenses.4 4 Mr. Maher is not entitled to deduct his unreimbursed automobile expenses for an additional reason. Certain categories of expenses must satisfy the strict substantiation requirements of sec. 274(d) in order for a deduction to be allowed. The expenses to which sec. 274(d) applies include automobile expenses. Secs. 274(d)(4), 280F(d)(4)(a)(i) and (ii). We may not use the Cohan doctrine to estimate expenses covered by sec. 274(d). Sanford v. Commissioner, 50 T.C. 823, 827 (1968), affd. per curiam 412 F.2d 201 (2d Cir. 1969); sec. 1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985). (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011