- 14 -14 from temporary to indefinite due to changed circumstances, or simply the passage of time. Norwood v. Commissioner, 66 T.C. 467, 470 (1976). Whether employment is temporary or indefinite is a question of fact. Peurifoy v. Commissioner, supra at 60-61. "No single element is determinative of the ultimate factual issue of temporariness". Norwood v. Commissioner, supra at 470. The Court of Appeals for the Ninth Circuit, to which this case is appealable, has construed the "temporary versus indefinite" distinction as follows: An employee might be said to change his tax home if there is a reasonable probability known to him that he may be employed for a long period of time at his new station. What constitutes "a long period of time" varies with circumstances surrounding each case. If such be the case, it is reasonable to expect him to move his permanent abode to his new station, and thus avoid the double burden that the Congress intended to mitigate. * * * [Harvey v. Commissioner, 283 F.2d 491, 495 (9th Cir. 1960), revg. 32 T.C. 1368 (1959).] We conclude herein that petitioner has failed to establish that she was away from home while living in Victorville during 1990. This record is devoid of evidence to establish that petitioner had a business connection with Catheys Valley. Initially, 11(...continued) temporary job. Kasun v. United States, 671 F.2d 1059, 1061 (7th Cir. 1982). The exigencies of temporary employment may require the taxpayer to incur more substantial costs than might be incurred in employment of indefinite duration. Rosenspan v. United States, 438 F.2d 905, 912 (2d Cir. 1971). A deduction for these expenses eases the burden on taxpayers who must bear the expenses of living on the road while maintaining a personal residence. Id. at 912; Bochner v. Commissioner, 67 T.C. 824, 828 (1977).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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