Samie M. and Nora L. Finch - Page 12

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          Also, petitioner’s employer reimbursed him “34 cents per mile for           
          traveling expenses”, in addition to the $35 per day.                        
               We believe petitioner did travel to the job sites during               
          2002.  However, we conclude that petitioner has not satisfied the           
          substantiation requirements of section 274(d) as to the mileage             
          and meal expenses.  Although, for the sake of argument, if we               
          conclude that petitioner has satisfied the substantiation                   
          requirements of section 274(d) as to the mileage and meal                   
          expenses, petitioner has not shown that he was not reimbursed for           
          all of his traveling expenses, i.e., mileage and meals, by his              
          employer.  Further, even if petitioner could substantiate the               
          travel expenses in issue and that such amounts were not                     
          reimbursed by his employer, upon the basis of the record we                 
          conclude that Baltimore, Maryland, and not Moorefield, West                 
          Virginia, was petitioner’s “tax home”, and therefore he would be            
          entitled to reimbursement only for travel while he was away from            
          his employer’s regional office in Baltimore, Maryland, on work              
          assignment.  The mileage for these trips is not in the record,              
          and thus we could not make a Cohan determination.                           
          2.   Charitable Contribution                                                
               As previously stated, petitioners on their Schedule A filed            
          with their Federal income tax return for taxable year 2002                  
          claimed a deduction for contributions to charity by cash or check           
          of $5,640.                                                                  






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