David Llewellyn and Kay Marie Rose - Page 9




                                        - 8 -                                         

          carrying on a trade or business.  Section 162(a)(2) expressly               
          permits the deduction of traveling expenses, including meals and            
          lodging, while away from home in the pursuit of a trade or                  
          business.  A taxpayer may deduct a traveling expense under                  
          section 162(a)(2) if the following three conditions are                     
          satisfied:  (1) The expense must be reasonable (e.g., lodging,              
          transportation, fares, and food); (2) it must be incurred while             
          away from home; and (3) it must be an ordinary and necessary                
          expense incurred in the pursuit of a trade or business.                     
          Commissioner v. Flowers, 326 U.S. 465, 470 (1946).  The rationale           
          in allowing such a deduction is to alleviate the burden falling             
          upon a taxpayer whose business requires that he or she incur                
          duplicate living expenses.  Tucker v. Commissioner, 55 T.C. 783,            
          786 (1971); Kroll v. Commissioner, 49 T.C. 557, 562 (1968).                 
          Whether the taxpayer satisfies the three recited conditions is              
          purely a question of fact.  Commissioner v. Flowers, supra at               
          470; Wills v. Commissioner, 411 F.2d 537, 540 (9th Cir. 1969),              
          affg. 48 T.C. 308 (1967).  Expenses that do not meet these                  
          criteria are considered personal expenses and are not deductible            
          under section 262(a).                                                       
               Moreover, a taxpayer generally is required to maintain                 
          records to substantiate the amount of his or her income and                 
          deductions.  Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.  Under           
          certain circumstances, where a taxpayer establishes entitlement             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011