Michael Kevin Boltinghouse - Page 18




                                       - 18 -                                         
               D.  Unreimbursed Employee Expenses                                     
               Section 162(a) allows a taxpayer a deduction for ordinary              
          and necessary expenses paid or incurred during the taxable year             
          in carrying on a trade or business, including a trade or business           
          as an employee, subject to the limitation that a taxpayer is                
          allowed a deduction for miscellaneous itemized deductions only to           
          the extent that they exceed 2 percent of his AGI.  Furthermore, a           
          taxpayer is not allowed any deductions for personal, living, or             
          family expenses.  Sec. 262.                                                 
                    1.  Transportation and Travel Expenses                            
               Section 162(a)(2) allows a taxpayer a deduction for                    
          traveling expenses while away from home and in the pursuit of a             
          trade or business.  However, section 274(d) requires strict                 
          substantiation by adequate records or by sufficient evidence                
          corroborating the taxpayer’s statement for deductions otherwise             
          allowed under section 162 and for any expenses related to listed            
          property such as cars and trucks, travel, and meals and                     
          entertainment expenses.  Sec. 280F(d)(4)(A); sec. 1.274-5T(a),              
          Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).              
          The substantiation must show the amount, time, place, and                   
          business purpose of the expense.  Sec. 1.274-5T(b)(2), (6), (c),            
          Temporary Income Tax Regs., 50 Fed. Reg. 46014-46017 (Nov. 6,               
          1985).                                                                      








Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next 

Last modified: November 10, 2007