- 6 - section 67(b), “Miscellaneous itemized deductions”, defined as all itemized deductions other than those specifically enumerated therein, are subject to a 2-percent floor and are allowable “only to the extent that the aggregate of such deductions exceeds 2 percent of adjusted gross income.” Sec. 67(a). Because trade or business expenses subject to section 62(a)(1), such as petitioner’s unreimbursed transportation expenses, are not among the deductions listed in section 67(b), they are miscellaneous itemized deductions subject to the 2-percent floor. Secs. 62, 67, 162; see also Alexander v. Commissioner, 72 F.3d 938, 946 (1st Cir. 1995), affg. T.C. Memo. 1995-51. Further, Rev. Rul. 90-23, 1990-1 C.B. 28, 30,3 advises petitioner to report his transportation expenses as miscellaneous itemized deductions. For a taxpayer with one or more regular places of business: “If the taxpayer is an employee, the taxpayer may deduct * * * daily transportation expenses only as a miscellaneous itemized deduction subject to the 2-percent floor provided in section 67 of the Code.” Id. (emphasis added). 3Although revenue rulings are not binding on the courts, see e.g., Stubbs, Overbeck & Associates v. United States, 445 F.2d 1142, 1146-1147 (5th Cir. 1971), they may be helpful and persuasive, Twin Oaks Cmty., Inc. v. Commissioner, 87 T.C. 1233, 1252 (1986).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011