Daniel R. Allemeier, Jr. - Page 2

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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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