- 14 - indicated that he incurred a daily meal expense of $42 for the period January through May 2002, $38 for the period June through August 2002, and $34 for the period September through December 2002.10 The applicable M&IE for all of the job site locations to which petitioner claims he traveled during 2002 is $30 a day. 41 C.F.R. ch. 301, app. A (2002). With respect to the deduction that petitioner claims for 2002 for certain unidentified clothes and gloves and Rocky Wolverine boots, petitioner admitted at trial that he does not have any receipts for those items. Moreover, articles of cloth- ing, including shoes or boots, are deductible under section 162(a) only if the clothing is required in the taxpayer’s employ- ment, is not suitable for general or personal wear, and is not worn for general or personal purposes. Yeomans v. Commissioner, 30 T.C. 757, 767-768 (1958). The record is devoid of evidence that the unidentified clothes and gloves and the Rocky Wolverine boots were required in petitioner’s employment, were not suitable for general or personal wear, and were not worn for general or 10In calculating the claimed total meal expenses of $7,904, petitioner used a 52-week period, which resulted in total meal expenses of $7,952. Petitioner then reduced that total amount by $48 in order to arrive at the claimed total meal expenses of $7,904 shown in his 2002 Form 2106-EZ. In document one that he prepared shortly before the trial in this case, petitioner indicated that he worked only 48 weeks during 2002. Moreover, as discussed supra note 7, petitioner acknowledges that he did not stay overnight on the respective days on which he claims he traveled from his home in Ridgeley to Elk Garden, W.Va., and to Wiley Ford, W.Va.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011