(a)-(b) [Reserved]
(c) Deductions allowable in computing adjusted gross income. The deductions specified in section 62(a) for purposes of computing adjusted gross income are—
(1) Deductions set forth in § 1.62-1T(c); and
(2) Deductions allowable under part VI, subchapter B, chapter 1 of the Internal Revenue Code, (section 161 and following) that consist of expenses paid or incurred by the taxpayer in connection with the performance of services as an employee under a reimbursement or other expense allowance arrangement (as defined in § 1.62-2) with his or her employer. For the rules pertaining to expenses paid or incurred in taxable years beginning before January 1, 1989, see § 1.62-1T (c)(2) and (f) (as contained in 26 CFR part 1 (§§ 1.61 to 1.169) revised April 1, 1992).
(d)-(h) [Reserved]
(i) Effective date. Paragraph (c) of this section is effective for taxable years beginning on or after January 1, 1989.
[T.D. 8451, 57 FR 57668, Dec. 7, 1992; 57 FR 60568, Dec. 21, 1992]
Notes of Decisions
Cited in
24
cases, 1961–2011 · leading case:
Turner v. Comm'r, 56 T.C. 27 (Tax Ct. 1971).
Turner v. Comm'r, 56 T.C. 27 (Tax Ct. 1971).
· cites it 4× “No. 591), 83d Cong., 2d Sess., p. 9 (1954).”
Tanner v. Comm'r, 45 T.C. 145 (Tax Ct. 1965).
· cites it 4× “62-1(d) of the Income Tax Regulations under the Internal Revenue Code of 1954 which provides in part as follows: To be deductible for the purposes of determining adjusted gross income, expenses must be those directly, *26 and not those merely remotely, connected with the conduct…”
Alex v. Comm'r, 70 T.C. 322 (Tax Ct. 1978).
· cites it 2× “The result of the majority opinion in this case will be that such legal rebates and discounts are to be taken into account, if at all, only by way of trade or business expense deductions and not by way of exclusions from gross income. Since Treasury Department regulations…”
Fenstermaker v. Comm'r, 37 T.C.M. 898 (Tax Ct. 1978).
· cites it 6× “Petitioners' reliance on United States v. Gotcher, 401 F.”
Flower v. Comm'r, 61 T.C. 140 (Tax Ct. 1973).
· cites it 2× “Furthermore, paragraph (2)(A) clearly contemplates that if an employee's reimbursable expense is deductible, the reimbursement will be included in gross income. See sec. 1.62-1(f)(2), Income Tax Regs.”
Tallal v. Comm'r, 48 T.C.M. 1082 (Tax Ct. 1984).
· cites it 2× “Although a royalty by its very nature must be linked to the production of the mineral, it has long been recognized that, in certain circumstances, royalties paid in advance of actual production are deductible when paid, as long as the payments are subject to recoupment out of…”
Lysek v. Comm'r, 34 T.C.M. 1267 (Tax Ct. 1975).
· cites it 2× “Real property taxes allocable to the personal residence cannot be deducted if the taxpayer elects the standard deduction, as he did here. Nor, in such a case, can he deduct state income taxes "* * * even though the taxpayer's income is derived from conduct of a trade or business.”
Hoover v. Comm'r, 27 T.C.M. 226 (Tax Ct. 1968).
· cites it 4× “Even if the payment could have been considered as "reimbursed expenses," the law and regulations applicable to the year 1956 require that the total amount be included in income.”
Price v. Comm'r, 30 T.C.M. 1405 (Tax Ct. 1971).
· cites it 2× “, provides as follows: Expenses paid or incurred by an employee which are deductible from gross income under part VI in computing taxable income and for which he is reimbursed by the employer under an express agreement for reimbursement or pursuant to an expense allowance…”
Wood v. Comm'r, 37 T.C. 70 (Tax Ct. 1961).
· cites it 2× “e derived from his trade or business and even though deductible under section 212 of the Internal Revenue Code of 1954 in determining taxable income as defined in section 63 of the Code, are not "attributable to a trade or business carried on by the taxpayer" and are, therefore,…”
Fishman v. Comm'r, 2011 T.C. Memo. 102 (Tax Ct. 2011).
· cites it 2× “Only under limited circumstances may a taxpayer deduct expenses for which he obtains reimbursement. See, e.g., secs. 62(a)(2)(A) , 274(a) , (e)(3) ; secs.”
Neece v. Comm'r, 51 T.C.M. 701 (Tax Ct. 1986).
· cites it 4× “This includes transportation expenses of an employee, which includes an employee's expenses of operating his automobile in connection with his employment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.