James L. and Patricia R. Williams - Page 7




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          2004.3  Because the claimed medical and dental expenses are less            
          than 7.5 percent of petitioners’ reported AGI for each of the               
          years in issue, petitioners are not entitled to a deduction for             
          medical and dental expenses.  See sec. 213(a).                              
               B. Unreimbursed Employee Business Expenses                             
               In general, a taxpayer may deduct ordinary and necessary               
          expenses paid or incurred in connection with the operation of a             
          trade or business.  Sec. 162(a); Boyd v. Commissioner, supra at             
          313.  A trade or business includes the trade or business of being           
          an employee.  O’Malley v. Commissioner, 91 T.C. 352, 363-364                
          (1988).  For such expenses to be deductible, the taxpayer must              
          not have the right to obtain reimbursement from his employer.               
          See Orvis v. Commissioner, 788 F.2d 1406, 1408 (9th Cir. 1986),             
          affg. T.C. Memo. 1984-533.                                                  
               A taxpayer generally cannot deduct personal, living, or                
          family expenses.  Sec. 262(a).  Articles of clothing, including             
          shoes or boots, are deductible only if the clothing is required             
          in the taxpayer’s employment, is not suitable for general or                
          personal wear, and is not worn for general or personal purposes.            
          Yeomans v. Commissioner, 30 T.C. 757, 767-768 (1958); Nicely v.             
          Commissioner, T.C. Memo. 2006-172.                                          
               Petitioners contend they spent a total of $1,400 in each of            

               3 Petitioners did not claim a deduction for medical and                
          dental expenses on their 2002 return.  However, the $11,920 of              
          reconstructed expenses for 2002 includes $2,100 of medical and              
          dental expenses.                                                            





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