Kevin J. and Crystal A. Shoemaker - Page 23

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         Claimed Union Dues                                                           
              A taxpayer is entitled to deduct expenses for union dues if             
         such expenses constitute ordinary and necessary expenses paid or             
         incurred during the taxable year in carrying on a trade or busi-             
         ness.20  Sec. 162(a).                                                        
              The only evidence that petitioners introduced into the                  
         record relating to petitioners’ claimed union dues is document               
         two.  We concluded above that we shall not rely upon document two            
         to establish petitioners’ position with respect to any of the                
         claimed expenses, including the union dues for which they claim a            
         deduction for 2002.  In any event, the total amount of union dues            
         that petitioners claimed in document two is $1,865.39, the amount            
         that respondent allowed.                                                     
              On the record before us, we find that petitioners have                  
         failed to carry their burden of establishing that they are enti-             
         tled for their taxable year 2002 to the deduction that they claim            


              19(...continued)                                                        
          they are claiming for 2002 for such clothing.  The receipts that            
          petitioners introduced into the record relating to the items of             
          clothing in question total only $385.48.                                    
               20It is not altogether clear whether petitioners are claim-            
          ing that they are entitled to deduct an amount for union dues in            
          excess of $1,865.39, the amount allowed by respondent.  The                 
          record does not disclose the amount that petitioners claimed as a           
          deduction for union dues in petitioners’ 2002 return.  On brief,            
          respondent does not indicate that there is any amount of union              
          dues at issue.  However, we shall proceed on the assumption that            
          petitioners are claiming a deduction for their taxable year 2002            
          for an unspecified amount of union dues in excess of the amount             
          allowed by respondent.                                                      




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