- 9 - necessary expenses of his trade or business of being a Craft- Barnett employee. C. Proper Placement of Deductions After concluding that the expenses are properly deductible by petitioner, the next issue is whether petitioner properly deducted the expenses on his Schedule C or whether the expenses are subject to the 2-percent limitation of section 67 and the limitation in section 68. Section 62 lists the deductions from gross income which are allowed for the purpose of computing adjusted gross income. Section 62(a)(1) provides the general rule that trade or business deductions are allowed for the purpose of computing adjusted gross income “if such trade or business does not consist of the performance of services by the taxpayer as an employee.” Expenses of employment, if incurred under a reimbursement arrangement with the employer, are deductible in computing the employee’s adjusted gross income. See sec. 62(a)(2). Otherwise, individuals with unreimbursed trade or business expenses from their employment must deduct these expenses subject to the 2- percent limitation of section 67. Gonzalez v. Commissioner, T.C. Memo. 1997-430. These expenses may be further reduced pursuant to section 68 if the individual’s “adjusted gross income exceeds the applicable amount”. Sec. 68(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011