Daniel P. and Glenna J. Marple - Page 13




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         B.   Employee Business Expenses                                              
              Section 162(a) allows a taxpayer to deduct all the ordinary             
         and necessary expenses paid or incurred during the taxable year              
         in carrying on any trade or business, including the trade or                 
         business of performing services as an employee.  Primuth v.                  
         Commissioner, 54 T.C. 374, 377-378 (1970).  As noted, however,               
         section 262 prohibits a deduction for expenses that are personal             
         in nature.  The statutory prohibition of section 262 regarding               
         the deductibility of personal expenses takes precedence over the             
         allowance provision of section 162, Sharon v. Commissioner, 66               
         T.C. 515, 522-525 (1976), affd. 591 F.2d 1273 (9th Cir. 1978),               
         and a taxpayer must demonstrate that the expenses at issue were              
         different from or in excess of what he would have spent for                  
         personal purposes, Sutter v. Commissioner, 21 T.C. 170, 173-174              
         (1953).9                                                                     



               9   In addition to satisfying the criteria for deductibility           
          under sec. 162, certain categories of expenses, including                   
          passenger automobiles, traveling, and meals and entertainment,              
          must also satisfy the strict substantiation requirements of sec.            
          274(d) before those expenses will be allowed as deductions.  See            
          secs. 274(d), 280F(d)(4)(A)(i).  Under these rules, a taxpayer              
          must substantiate the amount, time, place, and business purpose             
          of the expenditures and must provide adequate records or                    
          sufficient evidence to corroborate his own statement.  See sec.             
          274(d); sec. 1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed.            
          Reg. 46016 (Nov. 6, 1985).  In order to meet the “adequate                  
          records” requirements, a taxpayer is to maintain an account book,           
          diary, statement of expenses, or similar record and documentary             
          evidence (such as receipts, paid bills, or similar evidence)                
                                                             (continued...)           






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