Gregory S. Robinette - Page 9

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          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).                                                                 







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