Vladimir D. and Josephine M. Saric - Page 7




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          wife and daughters.  Petitioner also argued that he occasionally            
          had to go into the Raytheon office in Manhattan Beach because he            
          was required to attend safety training, or he had to pick up                
          supplies.  Petitioner has offered no evidence of the frequency,             
          if any, of these office visits, but they were not every weekend.2           
          Furthermore, petitioner argued that he was assigned to the                  
          Raytheon office which was his principal place of business and               
          therefore his tax home.  Petitioner may have been                           
          administratively assigned to the Raytheon office; however,                  
          petitioner’s principal place of employment was at the Fremont               
          project where he was needed Monday through Friday for 27 months.            
               Based on the record, we find that petitioner’s tax home for            
          purposes of section 162(a)(2) was in Fremont during the years at            
          issue.  We find that petitioner maintained his residence in                 
          Rowland Heights out of personal preference and not for business             
          reasons.  See Commissioner v. Flowers, 326 U.S. 465 (1946).                 
          Accordingly, we hold that petitioners are not entitled to claim             
          deductions for traveling and living expenses paid in connection             






               2  In petitioners’ posttrial brief, they state for the first           
          time that petitioner had to bring in his time sheet to the                  
          Raytheon office every Friday.  Petitioners offered no evidence at           
          trial to support this contention, and the record reflects                   
          otherwise.                                                                  





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