Bobby Lorn and Libby C. Claborn - Page 11




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          entertainment, (4) the business relationship to the taxpayer of             
          each expenditure or use. Sec. 274(d)(4).                                    
               A. Expenses Relating to Mr. Claborn’s Employment With                  
          ResourceTek LLC                                                             
               Mr. Claborn has submitted hotel receipts and a mileage log             
          in support of claimed deductions relating to his temporary                  
          employment with ResourceTek LLC.5  However, even setting aside              
          the substantiation requirements, the evidence of record reflects            
          that Mr. Claborn was reimbursed for the expenses that he incurred           
          during his brief employment with ResourceTek LLC for which he               
          claims a deduction.  In that regard, in response to a request               
          from ResourceTek LLC for a canceled check reflecting that he had            
          received a per diem allowance, Mr. Claborn was provided a                   
          document reflecting that he was paid an untaxed per diem                    
          allowance that amounted to $400 weekly.6  Although it is unclear            
          exactly how much of a deduction petitioners think they are                  
          entitled to for expenses relating to Mr. Claborn’s temporary                
          employment with ResourceTek LLC, petitioners have failed to                 
          demonstrate expenses exceeding Mr. Claborn’s $400 weekly per diem           
          allowance.  Accordingly, petitioners are denied a deduction for             


               5 Respondent does not contest the temporary nature of Mr.              
          Claborn’s employment with either ResourceTek LLC or RWE NUKEM               
          Corporation.                                                                
               6  In addition, Mr. Claborn’s employment agreement with                
          ResourceTek LLC provided for the possibility of a per diem                  
          allowance.                                                                  





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