Wickie B. Whalen - Page 11

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               2.  Transportation Out-of-County                                       
                    c. Transportation by air, when traveling on                       
                         official business, should be booked through                  
                         the Reservation Travel Desk.  Only under                     
                         extenuating circumstances, may a traveler                    
                         purchase his/her own ticket. *  *  *                         

               The college did not reimburse petitioner for his airfare               
          because he purchased his airline ticket through an agent other              
          than the college’s reservation travel desk in violation of the              
          travel reimbursement policy.  To the extent he followed the                 
          college’s travel reimbursement policy and submitted the required            
          documentation, petitioner was reimbursed for his expenses.                  
               Under section 162(a), petitioner is not entitled to deduct             
          expenses for which he has been or could have been reimbursed.               
          Orvis v. Commissioner, 788 F.2d 1406 (9th Cir. 1986) (deduction             
          not allowable to the extent that the employee is entitled to                
          reimbursement from the employer), affg. T.C. Memo. 1984-533;                
          Lucas v. Commissioner, 79 T.C. 1, 7 (1982) (same); Kennelly v.              
          Commissioner, 56 T.C. 936, 943 (1971) (same), affd. without                 
          published opinion 456 F.2d 1335 (2d Cir. 1972).                             
               The college had a policy of reimbursing its employees for              
          ordinary and necessary business expenses.  Pursuant to those                
          policies, petitioner received some reimbursements related to his            
          trips to Italy and Portland.  Petitioner admitted that he did not           
          seek reimbursement for some of his expenses for his trip to Italy           
          and did not seek reimbursement at all for expenses for his trips            





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