Joon H. Chong and Youngcha Kim Chong - Page 11

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          deficiency, respondent aggregated these two deductions, and                 
          reduced the total ($4,615) by $4,108 because petitioners did not            
          establish "that any amount more than $507 was for ordinary and              
          necessary business expense".  Respondent did not explain in any             
          detail what portion of what deduction was being disallowed.                 
          Although the record is less than clear on the point, respondent             
          claims, and petitioners do not appear to dispute, that the                  
          disallowed portions of the deductions are attributable to                   
          expenses incurred for travel between petitioner's house and the             
          hospital.                                                                   
               According to respondent, the disallowed portions of the                
          deductions constitute, or are attributable to, nondeductible                
          commuting expenses.  Commuting expenses, which are transportation           
          expenses incurred between an individual's residence and regular             
          place of employment, are considered personal expenses, the                  
          deduction of which is prohibited by section 262.5  Commissioner             
          v. Flowers, 326 U.S. 465, 470-474 (1946).  Respondent's position            
          on this point obviously results in part from her determination              
          that petitioner's house was not his principal place of business.            
               We have held on numerous occasions that transportation                 
          expenses incurred between an individual's residence and local job           
          sites may be deductible if his residence serves as his "principal           
          place of business" and the travel is in the nature of normal and            

          5Sec. 262 provides in relevant part, "no deduction shall be                 
          allowed for personal, living, or family expenses."                          




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