- 3 - Sprint. Sprint considered Pennausken, New Jersey, petitioner’s home office, and, therefore, only reimbursed petitioner for all employment-related travel expenses incurred while away from Pennausken. Petitioner electronically filed his Federal income tax return for 2002 in a timely manner on December 10, 2003. Petitioner attached to his 2002 Federal income tax return a Schedule A. On his 2002 Schedule A, petitioner claimed as follows, in pertinent part: Itemized Deductions Amount Line 5 State and local income taxes $1,860 Line 9 Total taxes 1,860 Line 15 Gifts to charity by cash or check 2,600 Line 16 Other than by cash or check 460 Line 18 Total contributions to charity 3,060 Line 20 Unreimbursed employee business exp. 27,689 Line 23 Total limited misc. expenses 27,689 Line 26 Net limited misc. deduction 26,489 Line 28 Total itemized deductions 31,409 In the notice of deficiency, respondent denied petitioner the claimed charitable contribution deduction and the claimed miscellaneous itemized deductions. Because the remaining itemized deductions were less than the standard deduction for taxable year 2002, respondent calculated petitioner’s deficiency using the 2002 standard deduction of $4,700. Discussion In general, the Commissioner’s determination set forth in a notice of deficiency is presumed correct. Welch v. Helvering,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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