Aurora Duque Balino - Page 5

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               On her 2001 Federal income tax return, petitioner claimed              
          Schedule A itemized deductions as follows:                                  

               State and local taxes                             $ 2,573              
               Gifts to U.S. charities                             5,345              
               Job expenses & most other miscellaneous                                
               deductions (after the 2% sec. 67(a) limitation)   8,855                
               Other miscellaneous deductions                        984              
               Total                                           $17,757                

          In the notice of deficiency, respondent disallowed the $8,855 for           
          job expenses and the $984 for other miscellaneous deductions,               
          totaling $9,839.  The basis for the disallowance was petitioner’s           
          failure to substantiate the amounts claimed.  The $984 for other            
          miscellaneous deductions was additionally disallowed for the                
          reason that those expenses were in fact medical expenses, and               
          medical expenses are not allowed as an itemized deduction by                
          nonresident aliens.  As noted above, the Schedule A for Form                
          1040NR does not include provision for deduction of medical and              
          dental expenses.                                                            
               On Schedule A, for job expenses and most other miscellaneous           
          deductions, petitioner claimed the following:                               

               Licenses                                          $  240               
               Out-of-town conferences                            4,160               
               Books                                                376               
               Journals                                             120               
               Uniforms, shoes, socks, support hose,                                  
          medical devices & tools                         3,600                       
               Windsor-Detroit Tunnel fees                          780               
               Long distance telephone calls                        520               
               Total (Prior to the 2% sec. 67(a) limitation)   $9,796                 






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