- 47 - The inconvenience that petitioners would have experienced a few times a year in flying to the Oregon timber farm via commercial air carrier we regard as minimal, as ordinary, and as common, both for individuals and for businessmen. That petitioners -- as an ordinary and necessary business expense under the facts of this case -- would incur the extravagant costs of purchasing and maintaining a Lear jet to avoid such infrequent and slight inconvenience has not been established. See Harbor Med. Corp. v. Commissioner, T.C. Memo. 1979-291, affd. without published opinion 676 F.2d 710 (9th Cir. 1982); Bullock's Dept. Store, Inc. v. Commissioner, T.C. Memo. 1973- 249; Hatt v. Commissioner, T.C. Memo. 1969-229, affd. 457 F.2d 499 (7th Cir. 1972); cf. Palo Alto Town & Country Village, Inc. v. Commissioner, 565 F.2d 1388 (9th Cir. 1977), revg. in part and remanding T.C. Memo. 1973-223; Noyce v. Commissioner, 97 T.C. 670, 688 (1991). We conclude that petitioners, for the years before us, should be allowed (with respect to each of the trips from Orange, California, at which was located petitioner's consulting and computer and real estate rental businesses, to their Oregon timber farm) a business travel expense deduction under section 162 for the estimated or constructive travel expenses that petitioners would have incurred based on first class air fare. With regard to the constructive expenses of transporting equipment and machinery that petitioners apparently transportedPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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