Corey L. Wheir - Page 6

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               Petitioner received no reimbursements for his expenses in              
          driving to and from the job sites or for the room and meal                  
          expenses he incurred in connection with his assignments.  On his            
          Federal income tax returns for 1999, 2000, and 2001, petitioner             
          claimed itemized deductions for these expenses on Schedules A,              
          Itemized Deductions, as unreimbursed employee expenses.  These              
          expenses included mileage for the use of his automobile and the             
          living expenses incurred at the more distant locations, from                
          which it was neither practical nor feasible to drive home each              
          day.  Petitioner did not claim any deductions for expenses                  
          incurred on any job assignments that were within a 35-mile radius           
          of his home at Wisconsin Rapids.  The net amounts deducted on               
          petitioner's Federal income tax returns as miscellaneous                    
          unreimbursed employee business expenses, after the section 67(a)            
          adjustment, were $9,845, $8,652, and $5,035, respectively, for              
          1999, 2000, and 2001.  In the notice of deficiency, respondent              
          disallowed all the claimed deductions on the ground that the                
          expenses were commuting expenses and, therefore, were personal              
          and not deductible under section 262.  Respondent has not                   
          questioned or challenged the substantiation of the amounts                  
          petitioner claimed.                                                         
               In addition to his work as a boilermaker, petitioner was               
          also a professional bodybuilder.  In this activity, petitioner              
          lifted weights, posed to display his muscular finesse, trained              





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