Wickie B. Whalen - Page 12

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          to Istanbul and Peru.  Petitioner also failed to seek                       
          reimbursement for other business expenses he claimed on his Form            
          2106 because he believed he would not have been reimbursed                  
          because of the college’s limited budget.                                    
               When a taxpayer has the right to obtain reimbursement for              
          his employee business expenses from his employer but fails to               
          seek reimbursement, the taxpayer cannot deduct the expenses                 
          because it is not “necessary” for the taxpayer to remain                    
          unreimbursed.  See Orvis v. Commissioner, supra at 1408.  In                
          general, only those unreimbursed employee business expenses that            
          are not reimbursable by the taxpayer’s employer are deductible by           
          the taxpayer under section 162.                                             
               The deduction of travel expenses away from home, including             
          meals and lodging, under section 162(a)(2), is also conditioned             
          on those expenses’ being substantiated by adequate records or by            
          other sufficient evidence corroborating the claimed expenses                
          pursuant to section 274(d).  Sec. 1.274-5T(a)(1), Temporary                 
          Income Tax Regs., supra.                                                    
               Petitioner’s credit card statements fail to provide the                
          detailed information required by section 274(d), and petitioner             
          has failed to provide any other evidence to substantiate his                
          claimed deductions.  The Court sustains respondent’s                        
          determination.                                                              







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