Jack H. Meyer - Page 7

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          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.                    






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