- 6 - With respect to the instant matter, petitioners have neither raised any argument with respect to a shift of burden under section 7491 nor shown that they complied with the threshold elements therefor. Notably, in this proceeding they have offered no or negligible documentary evidence pertaining to the specifics of Mr. Alderman’s transportation to and from work (e.g., mileage, days of attendance, etc.). In addition, petitioners have represented in communications submitted to the Court that records related to petitioners’ 2000 return were lost or misplaced in conjunction with a mortgage refinancing. The Court concludes on this record that the burden of proof remains on petitioners. II. Deduction Under Section 213 A. General Rules As a general rule, section 262(a) precludes any deduction “for personal, living, or family expenses.” Historically, the cost of commuting to and from a taxpayer’s place of employment has long been recognized as a nondeductible personal expense. Commissioner v. Flowers, 326 U.S. 465, 472-473 (1946); Donnelly v. Commissioner, 262 F.2d 411, 412-413 (2d Cir. 1959), affg. 28 T.C. 1278 (1957); Buck v. Commissioner, 47 T.C. 113, 119 (1966); see also sec. 1.262-1(b)(5), Income Tax Regs. (“taxpayer’s costs of commuting to his place of business or employment are personal expenses and do not qualify as deductible expenses”).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011