Daniel M. Gray - Page 14

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          petitioner’s sole evidence that he returned to the condo, are               
          either irrelevant or of little probative value.  Some of the bank           
          statements were dated 2001 or had dates that were illegible.  To            
          the extent that the statements were dated 2000, they fail to                
          cover the periods for which petitioner was unemployed during that           
          year.                                                                       
               Petitioner did not present a complete set of utility bills             
          for 2000.  The utility bills that were presented were in either             
          Mr. or Mrs. Tiernan’s name.  Nevertheless, the utility bills,               
          together with the check register, show that petitioner paid for             
          the gas, electric, and water for the condo in 2000.                         
               Even if petitioner made a $2,000 financial contribution and            
          paid the utilities for the condo in 2000, the Court finds that              
          petitioner did not have such substantial continuing and                     
          duplicative living expenses in Sacramento to justify the                    
          allowance of a deduction for travel, meals, and lodging expenses            
          incurred while traveling.  Respondent’s determination with                  
          respect to petitioner’s employee expense deduction is sustained.            
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent.                          






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