Hamid and Eolina Bajramovic - Page 3

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          17, 2002, respondent issued a notice of deficiency to petitioners           
          for 1999 determining an income tax deficiency of $795 after                 
          denying the claimed moving expense deduction.  On June 17, 2002,            
          petitioners timely filed a petition with the Court disputing                
          respondent’s determination.                                                 
                                       OPINION                                        
               Ordinarily, moving expenses are considered nondeductible               
          family and living expenses.  See Jorman v. Commissioner, T.C.               
          Memo. 1996-297.  However, a taxpayer may deduct moving expenses             
          incurred during the taxable year in connection with the                     
          taxpayer’s commencement of work if he meets the requirements of             
          section 217(a).2                                                            
               The taxable year in issue is 1999.  Petitioners moved to               
          Chicago, Illinois, in 1998, but claimed a deduction of $5,340 for           
          moving expenses in 1999.  Petitioners provided no testimony or              
          evidence to prove they paid or incurred any moving expenses in              
          1999, nor did they offer a basis on which the Court could make an           
          estimate under Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir.             





               2  SEC. 217.  MOVING EXPENSES                                          
                    (a) Deduction Allowed.–-There shall be allowed as a               
               deduction moving expenses paid or incurred during the                  
               taxable year in connection with the commencement of work by            
               the taxpayer as an employee or as a self-employed individual           
               at a new principal place of work.                                      





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