Tunji and Christina Mabinuori - Page 9

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          2.   Income From MetLife                                                    
               Petitioner does not dispute that he received $6,005 from               
          MetLife.  Furthermore, he concedes the $2,160 he received during            
          the training period is self-employment income.  With respect to             
          the remaining $3,845, however, he contends this amount does not             
          represent earnings from the training period.  Petitioner believes           
          the $3,845 was reimbursement for the cost of establishing a                 
          business office and, therefore, is excludable from gross income.            
          In the alternative, petitioner appears to contend that even if              
          the $3,845 is includable in gross income, it is wage income                 
          rather than self-employment income because he received payment              
          after he became an employee.                                                
               Under some circumstances, an employee’s gross income does              
          not include amounts received from his employer for reimbursement            
          of business expenses.  See, e.g., Biehl v. Commissioner, 118 T.C.           
          467, 473-474 (2002), affd. 351 F.3d 982 (9th Cir. 2003); Anaheim            
          Paper Mill Supplies, Inc. v. Commissioner, T.C. Memo. 1978-86;              
          sec. 1.162-17(b) and (c), Income Tax Regs.  In this case,                   
          however, petitioner has failed to establish that the $3,845 was             
          reimbursement for business expenses.  To the contrary, MetLife’s            
          business records indicate the $3,845 was income that petitioner             
          earned during the training period.  To refute these documents,              
          petitioner offers only his uncorroborated testimony that one or             
          more MetLife employees told him the $3,845 was for office startup           
          expenses.  His testimony alone, however, does not overcome the              




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