Russell B. Ritchie - Page 5

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          case does not shift to respondent.                                          
          Employee Business Expenses                                                  
               Section 162 generally allows a deduction for ordinary and              
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  Generally, no deduction is                
          allowed for personal, living, or family expenses.  See sec. 262.            
          An employee's trade or business is earning his compensation, and            
          generally only the expenses that are related to the continuation            
          of his employment are deductible.  Noland v. Commissioner, 269              
          F.2d 108, 111 (4th Cir. 1959), affg. T.C. Memo. 1958-60.                    
               Petitioner must show that the business expenses he claimed             
          were incurred primarily for business rather than for personal               
          reasons.  See Rule 142(a).  To show that an expense was not                 
          personal, petitioner must prove that the expense was incurred               
          primarily to benefit his business, the continuation of his                  
          employment, and that there was a proximate relationship between             
          the claimed expense and his business.  Walliser v. Commissioner,            
          72 T.C. 433, 437 (1979).                                                    
               Where a taxpayer has established that he incurred a trade or           
          business expense, failure to prove the exact amount of the                  
          otherwise deductible item may not always be fatal.  Generally,              
          unless prevented by section 274, the Court may estimate the                 
          amount of such an expense and allow the deduction to that extent.           
          See Finley v. Commissioner, 255 F.2d 128, 133 (10th Cir. 1958),             






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