- 4 - taxes paid of $1,471, employee business expenses of $7,520, and gifts to charities of $100.1 Petitioner also received reimbursement of employee business expenses of $6,099 for each of the years 2001 and 2002. The $6,099 that petitioner received in each of the years in issue was not dependent on the actual expenses incurred or miles driven. Petitioner was not required to report the number of miles driven to his employer. The payment was described by petitioner as an “expense allowance”. Petitioner did not report the $6,099 as income on his respective returns. In a notice of deficiency respondent disallowed all the itemized deductions claimed on the 2001 and 2002 returns. Before trial the parties agreed that petitioner is entitled to deductions for gifts to charities as claimed on the 2001 and 2002 returns. The parties further agreed that petitioner is entitled to the claimed deduction for taxes for 2002.2 Respondent did not adjust petitioner’s income to include the $6,099 in reimbursed 1 The 2002 Federal income tax return was not made part of the record; however, other evidence, including copies of Forms W- 2, Wage and Tax Statement, reflect that petitioner received salary in the amount of $61,868.83. 2 The notice of deficiency allowed a standard deduction in lieu of the claimed itemized deductions for 2001 and 2002. It is not clear whether the allowance of the itemized deductions for gifts to charity and for taxes will result in any tax benefit to petitioner. The Court will enter a decision under Rule 155 and permit the parties to compute the tax liability that is most advantageous to petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011