- 11 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007