James O. Henderson - Page 4

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                                       OPINION                                        
               Section 162(a)(2) allows a taxpayer to deduct traveling                
          expenses, including amounts expended for meals and lodging, if              
          such expenses are (1) ordinary and necessary; (2) incurred while            
          away from home; and (3) incurred in the pursuit of a trade or               
          business.  Commissioner v. Flowers, 326 U.S. 465, 470 (1946).               
          For purposes of section 162, generally "home" (or tax home) means           
          the vicinity of the taxpayer's principal place of business or               
          employment.  Mitchell v. Commissioner, 74 T.C. 578, 581 (1980);             
          Bixler v. Commissioner, 5 B.T.A. 1181, 1184 (1927).  A taxpayer's           
          residence, when different from the vicinity of his principal                
          place of employment, may be treated as his tax home if the                  
          taxpayer's employment is "temporary" rather than "indefinite".              
          Peurifoy v. Commissioner, 358 U.S. 59, 60 (1958).                           
               It is axiomatic that, to be entitled to a deduction under              
          section 162(a)(2), a taxpayer must have a tax home from which to            
          be away.  A taxpayer without a tax home is deemed to have                   
          "carried his home on his back" and is not entitled to the                   
          deduction because he was not "away from home".  Hicks v.                    
          Commissioner, 47 T.C. 71, 73 (1966).                                        
               A primary consideration in determining whether a taxpayer              
          has a tax home is whether or not the taxpayer incurs substantial,           
          continuous, and duplicative living expenses.  The duplication of            








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