Myron R. Struck and Thelma C. Struck - Page 10

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          taxpayer’s tax home.  Section 1.911-2(b), Income Tax Regs.,                 
          provides as follows:                                                        

                    (b) * * * the term “tax home” has the same meaning                
               which it has for purposes of section 162(a)(2)                         
               (relating to travel expenses away from home).  Thus,                   
               under section 911, * * * [a taxpayer’s] tax home is                    
               considered to be located at his regular or principal                   
               (if more than one regular) place of business or, if the                
               * * * [taxpayer] has no regular or principal place of                  
               business because of the nature of the business, then at                
               his regular place of abode in a real and substantial                   
               sense. * * *                                                           

               If in a year a taxpayer has neither a regular or principal             
          place of business nor any abode in a real and substantial sense,            
          a taxpayer may be classified as an itinerant whose tax home is              
          located wherever the taxpayer is physically located from day to             
          day.  Deamer v. Commissioner, 752 F.2d 337, 339 (8th Cir. 1985),            
          affg. T.C. Memo. 1984-63; Hicks v. Commissioner, 47 T.C. 71, 73             
          (1966); Rev. Rul. 73-529, 1973-2 C.B. 37.                                   
               During 2001 and until May 5, 2002, petitioners’ business               
          consisted principally of traveling in international and foreign             
          waters to foreign countries on the yacht of Cush Automotive.                
          Because petitioners had neither a regular or principal place of             
          business, nor a specific abode in a real and substantial sense              
          during the applicable periods, we conclude that petitioners were            
          itinerants, that petitioners had a foreign tax home during the              
          300 plus days they were physically present in a foreign country             
          during petitioners’ applicable periods for 2001 and for 2002, and           





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