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related penalty. After concessions,2 the issues for decision
are:
1. Whether petitioner may deduct expenses incurred to earn
a master’s degree in business administration (MBA). We hold that
he may deduct education-related, but not parking, expenses.
2. Whether petitioner substantiated $40 in tax preparation
fees and $2,460.86 in non-educational unreimbursed employee
business expenses. We hold that he did not.
3. Whether petitioner is liable for the section 66623
accuracy-related penalty for 2001. We hold that he is not.
FINDINGS OF FACT
The parties have stipulated some facts. The stipulation of
facts and the accompanying exhibits are incorporated by this
reference and are so found. Petitioner resided in Pacific Grove,
California, at the time he filed his petition.4
2Petitioner conceded $833.14 of $17,500 that he claimed as
education “business expenses” on Form 2016-EZ, Unreimbursed
Employee Business Expenses. Petitioner also conceded a $1,174
State income tax refund that he did not report on his return for
2001. Sec. 111. Respondent conceded the balance of the State
income tax refund determined in the 2001 deficiency notice.
3All section references are to the Internal Revenue Code in
effect for the year in issue, and all Rule references are to the
Tax Court Rules of Practice and Procedure, unless otherwise
indicated.
4Petitioner has lived in Las Vegas, Nev., since August 2004.
He telecommutes to work.
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