Mark W. and Anita P. Franklin - Page 8

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          transaction which gives rise to the expense must be of a common             
          or frequent occurrence in the type of business involved.  Deputy            
          v. du Pont, 308 U.S. 488, 495 (1940).  To be “necessary” an                 
          expense must be “appropriate and helpful” to the taxpayer’s                 
          business.  Welch v. Helvering, 290 U.S. 111, 113-114 (1933).  The           
          performance of services as an employee constitutes a trade or               
          business.  See sec. 1.162-17(a), Income Tax Regs.  The employee             
          must show the relationship between the expenditures and the                 
          employment.  See Evans v. Commissioner, T.C. Memo. 1974-267.                
               Such deductible expenses include those incurred in searching           
          for new employment in the employee’s same trade or business.                
          Cremona v. Commissioner, 58 T.C. 219 (1972); Primuth v.                     
          Commissioner, 54 T.C. 374 (1970).  It does not matter whether the           
          search is successful, or even whether the taxpayer accepts a new            
          position when it is obtained.  See Cremona v. Commissioner, supra           
          at 221-222; Kenfield v. Commissioner, 54 T.C. 1197, 1199-1200               
          (1970).  It does not matter that the taxpayer is temporarily                
          unemployed while searching, or that the taxpayer is temporarily             
          engaged in a different trade or business while searching for a              
          new position in the trade or business previously conducted by the           
          taxpayer.  See Primuth v. Commissioner, supra at 378; Charlton v.           
          Commissioner, T.C. Memo. 1988-515.  Job search expenses include             
          resum� preparation expenses, postage, and travel and                        








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