John C. and Joan F. Stukes - Page 12




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               The unreimbursed employee business expenses consisted of job           
          search expenses incurred by Mr. Stukes.  Mr. Stukes worked in the           
          computer industry, and during part of 2002 had been employed in             
          Austin, Texas, as a software development manager for a company              
          that produced energy software.  In 2002, he was involuntarily               
          terminated from that job, which led him to file a complaint with            
          the Equal Employment Opportunity Commission (EEOC), alleging that           
          his termination was the result of age discrimination.  While that           
          matter was pending, Mr. Stukes commenced an intensive search for            
          a new job and succeeded in finding employment in January of 2003.           
          During his search for employment, Mr. Stukes provided his                   
          attorney with documentation to assist with the preparation of the           
          EEOC proceeding.  He testified that this documentation had                  
          subsequently been destroyed.                                                
              Job search expenses are deductible under section 162(a) to              
         the extent they are incurred in searching for new employment in              
         the employee’s same trade or business.  See Primuth v.                       
         Commissioner, 54 T.C. 374, 377-378 (1970).  However, if the                  
         employee is seeking a job in a new trade or business, the                    
         expenses are not deductible under section 162(a).  See Frank v.              
         Commissioner, 20 T.C. 511, 513-514 (1953).  Job search expenses              
         include preparation expenses, postage, and travel and                        
         transportation expenses.  See Murata v. Commissioner, T.C. Memo.             
         1996-321.                                                                    







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