Philip M. Cavanagh - Page 4

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               On the Form 2106 relating to petitioner’s employment with              
          West, petitioner reported the following expenses:                           
                    Expense                             Amount                        
               Vehicle expenses                        $7,323                         
               Parking fees, tolls                                                    
               & transportation, etc.                  199                            
               Expenses away from home overnight       1,766                          
               Other business expenses                  2,048                         
          Total                                        11,336                         
               On the Form 2106 relating to petitioner’s employment with              
          the county, petitioner reported the following expenses:                     
                    Expense                             Amount                        
               Vehicle expenses                        $1,830                         
               Expenses away from home overnight       442                            
               Other business expenses                  552                           
               Total                                   2,824                          
               These expenses, totaling $14,130, were deducted by                     
          petitioner as unreimbursed employee expenses on his Schedule A.             
               By letter, respondent notified petitioner of a proposed                
          adjustment in petitioner’s 2002 Federal income taxes resulting              
          from the application of the alternative minimum tax.  Respondent,           
          however, indicated that petitioner had an overpayment of                    
          $1,197.12 resulting from the payment of excess Social Security              
          taxes of $4,355.                                                            
               Petitioner filed a Form 1040X, Amended U.S. Individual                 
          Income Tax Return, for 2002.  Attached to the Form 1040X were               
          various forms including two Schedules C and two Forms 2106.                 







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