- 9 -
Welch v. Helvering, supra at 113-114. To be “ordinary” the
transaction which gives rise to the expense must be of a common
or frequent occurrence in the type of business involved. Deputy
v. Du Pont, 308 U.S. 488, 495 (1940).
We hold that the agreed-upon expenses of $12,757 and $12,657
for taxable years 2000 and 2001, respectively, are unreimbursed
employee business expenses properly deducted on Schedule A and
thus are itemized deductions subject to the 2-percent floor of
section 67.
In view of the foregoing, we sustain respondent’s
determination on this issue.
Reviewed and adopted as the report of the Small Tax Case
Division.
Decision will be entered
under Rule 155.
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Last modified: May 25, 2011