Mark W. and Anita P. Franklin - Page 9

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          transportation expenses.  See Murata v. Commissioner, T.C. Memo.            
          1996-321.                                                                   
               If the employee is seeking a job in a new trade or business,           
          however, the expenses are not deductible under section 162(a).              
          Dean v. Commissioner, 56 T.C. 895 (1971); Frank v. Commissioner,            
          20 T.C. 511, 513 (1953); Hobdy v. Commissioner, T.C. Memo. 1985-            
          414; Evans v. Commissioner, T.C. Memo. 1981-413; see Carter v.              
          Commissioner, 51 T.C. 932, 934 (1969); sec. 1.212-1(f), Income              
          Tax Regs.  A taxpayer who has been unemployed for more than a               
          reasonably temporary period is not in the trade or business of              
          being employed, and thus the expenses of searching for a job are            
          not deductible.  Miller v. United States, 362 F. Supp. 1242,                
          1247-1248 (E.D. Tenn. 1973).                                                
               Due to the fact that petitioner wife was unemployed during             
          the period of time in 1998 in which petitioners conducted their             
          “job search” and had been unemployed for the 4 years prior to               
          1998, she is considered not in the trade or business of being               
          employed, and thus her expenses of searching for a job in the San           
          Francisco area and on the four job search trips are not                     
          deductible.  Id.                                                            
               The record is unclear as to the type of employment                     
          petitioner was seeking in 1998.  The Court is not certain as to             
          whether petitioner was looking for the same position elsewhere or           
          another type of job.  Nevertheless, we give petitioner the                  






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