Bryan J. and Christine N. Baugh - Page 9

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          821 (5th Cir. 1976); sec. 1.6001-1(a), Income Tax Regs.; see also           
          sec. 1.162-17(d), Income Tax Regs.                                          
               While the parties disagree as to whether or not petitioners            
          have adequately substantiated the amounts they are now claiming             
          as deductions, petitioners have failed in any event to meet their           
          burden of showing that they are entitled to a deduction pursuant            
          to section 162(a)(2).                                                       
               The purpose of the “away-from-home” deduction is “to                   
          mitigate the burden of the taxpayer who, because of the                     
          exigencies of his trade or business, must maintain two places of            
          abode and thereby incur additional and duplicate living                     
          expenses.”  Kroll v. Commissioner, 49 T.C. 557, 562 (1968).  An             
          obvious precondition to petitioners’ being away from home is that           
          they have a home.  Bochner v. Commissioner, 67 T.C. 824, 828                
          (1977).  This means that petitioners must have incurred                     
          substantial continuing living expenses at a permanent place of              
          residence and also have paid the expenses incurred in connection            
          with their employment while on the road.  Brandl v. Commissioner,           
          supra at 699; see also James v. United States, 308 F.2d 204 (9th            
          Cir. 1962); Bochner v. Commissioner, supra. One who has neither             
          a principal place of business nor a permanent residence is                  
          considered an itinerant.  Michel v. Commissioner, 629 F.2d 1071,            
          1073-1074 (5th Cir. 1980), affg. T.C. Memo. 1977-345.  An                   
          itinerant may not deduct expenses under section 162(a)(2),                  
          because he is never considered to be “away from home”.  Id. at              
          1073.                                                                       



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