- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011