Aurora Duque Balino - Page 8

                                        - 7 -                                         
          choose upon the taxpayer whose inexactitude is of his own                   
          making.”  Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930).           
          The Court, therefore, allows petitioner a deduction of $300 for             
          such employee-related expenses.4                                            
               With respect to the other miscellaneous deductions,                    
          petitioner claimed $984, of which $404 was for prescription                 
          eyeglasses and $580 was for a glucometer, strips, and lancets.              
          Respondent disallowed the $984 for two reasons:  (1) Lack of                
          substantiation, and (2) the items were personal medical devices             
          and, therefore, were medical expenses.  Respondent avers that               
          medical and dental expenses are not allowable itemized deductions           
          to taxpayers who are nonresident aliens.  As noted earlier,                 
          Schedule A for use with Form 1040NR does not provide for                    
          deduction of medical and dental expenses.                                   
               Petitioner is a diabetic, and the items she claimed as other           
          miscellaneous deductions on her return were all prescribed by her           
          doctor for her diabetic condition.  Although petitioner presented           
          no documentation to establish the amount she paid for the items             
          described, the Court is satisfied that petitioner incurred and              


               4Although the Court is allowing a deduction of $300 for                
          employee-related expense, no portion of that amount is to be                
          construed as an allowance of a deduction for expenses that                  
          require substantiation under sec. 274(d) and/or 280F(d)(4)(A),              
          which include generally such expenses as travel away from home,             
          entertainment, gifts, and expenses relating to the use of listed            
          properties and cellular telephones or other similar                         
          telecommunications equipment.                                               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011