Marvin Ziporyn - Page 10

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          considerable distance from each other, generally, he is entitled            
          to deduct expenses incurred in traveling between such locations             
          and for meals and lodging incurred while away from his principal            
          place of business under section 162.  Puckett v. Commissioner, 56           
          T.C. 1092, 1097 (1971).  In determining which of two locations is           
          a taxpayer's principal place of business, the courts have                   
          considered:  the amount of time spent at each place; the                    
          proportion of the taxpayer's income earned in each position; the            
          degree of activity engaged in by the taxpayer in each location;             
          where the taxpayer maintains his permanent residence; and whether           
          employment at one location is temporary.  Puckett v.                        
          Commissioner, supra at 1097; Sherman v. Commissioner, 16 T.C. 332           
          (1951); Hoeppner v. Commissioner, T.C. Memo. 1992-703.                      
               Petitioner conceded the amount claimed on Schedule A of his            
          return for unreimbursed employee expenses.  Respondent stated               
          that the concession was based on the fact that petitioner's                 
          accountant had claimed identical travel expenses on Schedules A             
          and C of petitioner's return; thus the deductions were                      
          duplicated.  It is clear that petitioner's meals and                        
          entertainment expenses were claimed both on Schedule A and                  
          Schedule C in identical amounts.  However, it is not clear from             
          the amounts claimed that the same is true for petitioner's travel           
          expenses consisting of amounts paid for airfare, lodging, and car           
          rentals.  Petitioner could not explain how his accountant came up           
          with the total expenses as reported on his tax return.  It                  




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