Richard Raymond Raush - Page 4

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               Petitioner's position is that his "home" during 1993 was in            
          Chandler.  He argues that he conducted research and writing                 
          activities in the Chandler area during 1993 which he considered             
          his primary business activity.  Respondent's position is that               
          petitioner's "home" during 1993 was in Calexico.  Respondent                
          argues that petitioner is not entitled to the claimed deduction             
          because the expenses were not paid while he was away from home.             
               Based on the record, we find that petitioner's primary place           
          of business or employment, and thus his "home" under section                
          162(a)(2), was in Calexico.  Petitioner earned his living as a              
          high school teacher in Calexico.  We are not convinced that he              
          conducted research, writing, or other business activities in                
          Chandler which allow his teaching activity in Calexico to be                
          treated as other than his primary business activity.  According             
          to his tax returns filed with respondent, he earned no income               
          from these other activities from 1991 through 1996.  Moreover, we           
          find the actual time petitioner spent in Chandler during which              
          these activities could have been conducted insubstantial in                 
          comparison to the actual time he spent teaching in Calexico.  He            
          worked full-time in Calexico during the school year and testified           
          that he spent at least 1 month of his 2-month summer vacation in            
          Alaska with his son, George, in an activity for which he claimed            
          Schedule C business expense deductions which were allowed by                
          respondent.  We find that he maintained his residence in Chandler           






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