Opinion

Sonenblick v. Commissioner

  • 4 B.T.A. 986
  • 1926 BTA LEXIS 2135
Court
United States Board of Tax Appeals
Filed
Sep 23, 1926
Status
Published
On the bench
Morris
Cited by
0 cases
Authority
More cited than 13.6%

The opinion

APPEAL OF DAVID SONENBLICK.

Sonenblick v. Commissioner

Docket No. 3665.

United States Board of Tax Appeals

4 B.T.A. 986 ; 1926 BTA LEXIS 2135 ;

September 23, 1926 , Decided

*2135 David Sonenblick pro se.

F. O. Graves, Esq., for the Commissioner.

MORRIS

*986 This is an appeal from the determination of a deficiency in income tax in the amount of $256.93 for the calendar year 1923. The error alleged is the failure of the Commissioner to allow a deduction of $5,904 claimed to represent traveling expenses.

FINDINGS OF FACT.

The taxpayer is an individual residing in New York City. During 1923 he was employed as a traveling salesman on a straight commission basis. During the year he spent 252 days on the road, during *987 which he incurred and paid expenses which he itemized as follows: Railroad fares $915

Pullman fares 195

Excess baggage charges 610

Hotels 1,260

Meals 1,135

Sample carriers 378

Models 400

Baggage transfer 258

Entertaining customers 365

Tips to porters and bellboys 190

Telephone and telegraph 45

Laundry 72

Valet 36

Busses and taxi fares 45

Total 5,904

The total amount of commissions earned by him during 1923 was $7,400

OPINION.

MORRIS: The evidence is not sufficient to warrant the deduction of $378 for sample carriers, $400 for models, $365 for entertaining *2136 customers, $190 for tips to porters and bell boys, $45 for telephone and telegraph, and $45 for busses and taxi fares. The amounts of $72 for laundry and $36 for valet represent personal expenses and therefore are not deductible. We are satisfied that the other amounts were expended as itemized above. They are therefore deductible under section 214(a)(1) of the Revenue Act of 1921.

Order of redetermination will be entered on 10 days' notice, under Rule 50.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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