- 9 - nature of their appointments. The category designated as “purpose” merely states “Appts”. Mr. Schubert attempted to explain his cursory reconstruction by stating: “it was tough enough doing the odometers * * * [and I] went back to doing the summary”. The Court finds that petitioners have not satisfied the strict substantiation requirements of section 274(d). Accordingly, respondent’s determination is sustained.5 III. Deduction for Tax Preparation Materials A taxpayer may be allowed a deduction for ordinary and necessary expenses paid or incurred during the taxable year in connection with the determination, collection, or refund of any tax subject to the 2-percent floor of section 67(a). See secs. 67(a) and (b), 212(3); see also supra note 3. In order to have a deductible amount, petitioners’ aggregate miscellaneous itemized deductions must exceed $1,436.72 ($71,836 (AGI) x 2 percent). After the disallowance of the unreimbursed employee expenses, petitioners’ sole miscellaneous itemized deduction is the $75 for tax preparation materials. Petitioners’ $75 miscellaneous itemized deduction does not exceed the 2- 5 Even if the Court were to find that petitioners had substantiated their deductions for unreimbursed employee expenses, the Court would nevertheless disallow the deductions because petitioners failed to show that their employers did not have a reimbursement policy. See, e.g., Boltinghouse v. Commissioner, T.C. Memo. 2007-324.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008