- 6 - F.3d 938 (1st Cir. 1995). No deduction is allowed for personal, living, or family expenses. Sec. 262. Section 274(n)(1) limits a deduction for meals and entertainment to 50 percent of the expenses incurred. The percentage limitation may be increased in special circumstances. Sec. 274(n)(3). Petitioner did not take into account the section 274(n) limitation with respect to his claimed meals expense deduction of $10,255. Petitioner incurred his trucking supplies expenses and car and truck expenses as an employee truck driver. With respect to the amounts that respondent determined to be unreimbursed employee expenses attributable to petitioner’s employment as a truck driver, petitioner is entitled to deduct these expenses as miscellaneous itemized deductions subject to the 2-percent floor of section 67. Secs. 62, 67, 162; Gonzalez v. Commissioner, T.C. Memo. 1997-430. Additionally, petitioner’s meal expenses are subject to the limitation of section 274(n). On this record, we sustain respondent’s recharacterization of these Schedule C deductions as Schedule A miscellaneous itemized deductions subject to the 2-percent adjusted gross income limitation. We also sustain the disallowance of a portion of petitioner’s deduction for meals expenses. Next, we consider whether petitioner is entitled to an NOL deduction in excess of the amount allowed by respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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