-13- adjustment made in the notice of deficiency is treated as new matter when it either alters the original deficiency or requires the presentation of different evidence. Wayne Bolt & Nut Co. v. Commissioner, 93 T.C. 500, 507 (1989). A new theory that merely clarifies or develops the original determination is not new matter. Id. In the notice of deficiency, respondent treated petitioner as an employee of IDA consistent with his reporting the compensation from IDA as wages, salaries, tips, etc. on the returns. Consequently, respondent disallowed all deductions petitioner claimed on Schedule C for each year but allowed petitioner to deduct some of the items as unreimbursed employee expenses on Schedule A. The notice of deficiency explained that deductions were not allowed on Schedule C because petitioner had not established that he incurred, or if he incurred, paid the amounts for ordinary and necessary business purposes and that any amount qualifies as a business expense as specified under the provisions of the Internal Revenue Code. The notice of deficiency raised two issues that are relevant here. The first is whether petitioner was an independent contractor entitled to fully deduct allowable expenses on Schedule C or an employee of IDA entitled to deduct the expense on Schedule A, subject to the 2-percent limitation under section 67. The second is whether any of the travel expenses for whichPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008