Oscar R. Contreras - Page 18

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          not rely on petitioner’s testimony to establish his position with           
          respect to any of the expenses that he is claiming in this case.            
          Claimed Unreimbursed Employee Expenses                                      
               A taxpayer is entitled to deduct under section 162(a)                  
          unreimbursed employee expenses only to the extent that the                  
          taxpayer demonstrates that such taxpayer could not have been                
          reimbursed for such expenses by such taxpayer’s employer.  Podems           
          v. Commissioner, 24 T.C. 21, 23 (1955).11                                   
               Petitioner contends that the unreimbursed employee expenses            
          at issue could not have been reimbursed because he incurred them            
          during travel freezes in 2001 and no company vice president                 
          approved them.  Respondent disagrees.                                       
               We have found that petitioner did not submit any requests              
          for reimbursement of employee expenses that he paid during                  
          certain unidentified travel freezes in the year at issue and that           
          he made no attempt to obtain the approval of a vice president               
          authorizing reimbursement of any such expenses.  On the instant             
          record, we find that petitioner has failed to carry his burden of           
          showing that a company vice president would not have approved any           
          employee expenses which he paid during such travel freezes and              
          for which he did not request reimbursement.  On that record, we             
          further find that petitioner has failed to carry his burden of              
          establishing that he could not have been reimbursed by his                  


               11See also Putnam v. Commissioner, T.C. Memo. 1998-285;                
          Marshall v. Commissioner, T.C. Memo. 1992-65.                               




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