Oscar R. Contreras - Page 7

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                                   Expense      Amount                                
                               Vehicle          1$2,898                               
                               Transportation2   1,150                                
                               Travel3           7,875                                
                               Business4         9,618                                
                               Meals             52,832                               

               1Petitioner calculated the $2,898 of claimed vehicle ex-               
          penses by using the prevailing IRS standard mileage rate for 2001           
          of 34.5 cents per mile and multiplying that rate by 8,400, the              
          number of miles that petitioner claims he drove two automobiles             
          (viz., a 1999 Mercedes Benz SLK 230 (Mercedes) and a 2001 Volvo             
          C70cv (Volvo)) for business (business miles) during that year.              
               2In the 2001 Form 2106, the expense category “Transporta-              
          tion” covered “Parking fees, tolls, and transportation, including           
          train, bus, etc. that did not involve overnight travel or commut-           
          ing to and from work.”  Petitioner did not specify in the 2001              
          Form 2106 the type(s) of transportation expenses that he was                
          claiming.                                                                   
               3In the 2001 Form 2106, the expense category “Travel” cov-             
          ered “Travel expense while away from home overnight, including              
          lodging, airplane, car rental, etc.”, but not expenses for meals            
          or entertainment.  Petitioner did not specify in the 2001 Form              
          2106 the type(s) of travel expenses that he was claiming.                   
               4In the 2001 Form 2106, the expense category “Business”                
          covered business expenses not included in the expense categories            
          “Vehicle”, “Transportation” and “Travel”.  Petitioner did not               
          specify in the 2001 Form 2106 the type(s) of business expenses              
          that he was claiming.                                                       
               5In calculating the $2,832 of claimed meal expenses, peti-             
          tioner claimed in the 2001 Form 2106 total meal expenses of                 
          $5,664 and reduced that total by 50 percent, as required by sec.            
          274(n).                                                                     
               As required by section 67(a), petitioner reduced the $24,373           
          of job expenses claimed in the 2001 Schedule A by two percent of            
          his adjusted gross income (i.e., by $1,055).  In determining the            
          taxable income reported in petitioner’s 2001 return, petitioner             
          deducted the balance (i.e., $23,318), as well as the other                  
          itemized deductions claimed in the 2001 Schedule A that were not            
          subject to the two-percent floor imposed by section 67(a).                  




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Last modified: May 25, 2011