- 9 - that the gym membership fee is not an ordinary or necessary expense of petitioner’s employment as a firefighter and arson investigator or as the president of Zomans Productions. Petitioner argues that the gym membership fee was an ordinary and necessary expense of his employment as a professional firefighter. Petitioner contends that fitness is mandatory since a healthy body is important to the performance of his duties as a firefighter. Petitioner succinctly explained: “my tool is my body.” Under section 262(a), no deductions are allowed for personal, living, or family expenses. Moreover, section 262 takes precedence over section 162. Sharon v. Commissioner, 66 T.C. 515, 522-523 (1976), affd. 591 F.2d 1273 (9th Cir. 1978). The taxpayer must demonstrate that the expenses were different from or in excess of what he would have spent for personal purposes. Sutter v. Commissioner, 21 T.C. 170, 173 (1953); Tschetter v. Commissioner, T.C. Memo. 2003-326; see also Moss v. Commissioner, 80 T.C. 1073, 1078 (1983) (finding that daily meals are an inherently personal expense, and a taxpayer bears a heavy burden to prove that the meals are routinely deductible), affd. 758 F.2d 211 (7th Cir. 1985). A gym membership fee is an inherently personal expense. It is desirable to be physically fit regardless of one’s profession. Petitioner has not offered any evidence to show that his gymPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011