- 11 -11 of $5,450;8 mileage in the amount of $7,708;9 and airplane expenses in the amount of $10,006.10 Respondent disallowed the expenses claimed by petitioner for meals, lodging, and travel. Respondent contends that during taxable year 1990, petitioner's "tax home" was in Victorville, California. Thus, respondent argues that petitioner was not "away from home" and the expenses are not deductible. Respondent concedes on brief, however, that petitioner, when working in Anaheim, was temporarily away from her "tax home" in Victorville, and therefore is entitled to deductions for appropriate travel expenditures, if any, in connection therewith. Alternatively, respondent contends that if petitioner's employment in Victorville is considered "temporary", the expenditures incurred for weekend commutes to Catheys Valley lack a business purpose and are not deductible. Petitioner contends that the travel expenditures were incurred while she was "away from home" and that her "tax home" was in Catheys Valley. In addition, petitioner contends that respondent's alternative issue was not raised in the notice of 8 This amount represents 262 days at $26 per day, less 20 percent as required by sec. 274(n). 9 This amount represents 29,648 miles at 26 cents per mile. 10 This amount represents $1,215 for fuel, $1,929 for insurance, $1,726 for interest, $625 for tie-down fees, $1,366 for other expenses, less $442 for personal use, and $3,796 for depreciation, less $209 for depreciation attributable to personal use.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011