William S. Fairey, Jr., and Susan R. Fairey - Page 21

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               10. Conclusion                                                         
               We conclude that petitioners may not deduct more Schedule C            
          expenses for petitioner’s consulting activity for the years in              
          issue than allowed by respondent.3                                          
          D.   Whether Petitioners Are Entitled to More Itemized Deductions           
               Than Respondent Allowed                                                
               1.   Susan Fairey’s Employee Business Expense Deductions               
               Petitioners contend that they may deduct unreimbursed                  
          employee business expenses of $2,277.90 for 1999, $2,686.49 for             
          2000, and $965.37 for 2001 for Susan Fairey.4  Petitioners                  
          contend that it is reasonable for them to deduct those amounts              
          because they equal 28 percent of petitioners’ total expenditures            
          for 1999, 30 percent for 2000, and 16 percent for 2001.5  We                
          disagree.  Petitioners have not given any convincing                        
          justification for basing their deductions on these percentages.             
               Hughs asked petitioners how much Susan Fairey spent for her            
          classroom.  Petitioners did not timely produce any records except           
          some canceled checks payable to retailers that sell items that              

               3  In light of this conclusion, we need not decide whether             
          petitioner operated his consulting activity for profit.                     
               4  Teachers may deduct up to $250 for unreimbursed education           
          expenses as above-the-line deductions for tax years beginning in            
          2002 or 2003.  Sec. 62(a)(2)(D).  For the years in issue, those             
          expenses were deductible only to the extent unreimbursed employee           
          business expenses and other itemized deductions exceeded 2                  
          percent of adjusted gross income.                                           
               5  The total of petitioners’ business expenditures for 2001            
          is not in evidence.                                                         





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