- 8 - 2. Miscellaneous Itemized Deductions On his 2002 Schedule A, petitioner deducted unreimbursed employee business expenses of $27,689. Respondent determined that petitioner did not adequately substantiate any of the claimed unreimbursed employee business expenses. In the alternative, respondent argued that if petitioner did substantiate the unreimbursed employee business expenses, petitioner is not entitled to deduct such expenses pursuant to section 162(a)(2) because the expenses were not incurred away from home. Before we determine whether petitioner has substantiated his claimed unreimbursed employee business expenses, we first decide whether petitioner incurred these expenses away from home. A taxpayer generally may not deduct personal, living, and family expenses. Sec. 262(a). However, section 162(a) allows a taxpayer to deduct all ordinary and necessary business expenses paid or incurred during the taxable year in carrying on any trade or business. To be “necessary” an expense must be “appropriate and helpful” to the taxpayer’s business. Welch v. Helvering, 290 U.S. at 113-114. To be “ordinary” the transaction which gives rise to the expense must be of a common or frequent occurrence in the type of business involved. Deputy v. Du Pont, 308 U.S. 488, 495 (1940).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011