- 9 - are substantiated by the employee, and (3) the employee returns any amounts in excess of expenses. Sec. 1.62-2(d)-(f), Income Tax Regs. The matter herein concerns only the first prong; namely, whether the reimbursed expenses have a business connection and would otherwise be deductible. Section 162(a) allows as a deduction ordinary and necessary expenses incurred during the taxable year in carrying on a trade or business. Such expenses include traveling expenses (including meals and lodging) while away from home in the pursuit of a trade or business. Sec. 162(a)(2). Generally, for Federal tax purposes a taxpayer's home under section 162(a)(2) is his principal place of business. Mitchell v. Commissioner, 74 T.C. 578, 581 (1980); Daly v. Commissioner, 72 T.C. 190, 195 (1979), affd. 662 F.2d 253 (4th Cir. 1981); Kroll v. Commissioner, 49 T.C. 557, 561-562 (1968). If a taxpayer maintains two businesses, this Court has determined the taxpayer's home from three objective factors: (1) The place where he spends more of his time; (2) the place where he engages in greater business activity; and (3) the place where he derives a greater proportion of his income. Hoeppner v. Commissioner, T.C. Memo. 1992-703; see also Gardin v. Commissioner, 64 T.C. 1079 (1975); Montgomery v. Commissioner, 64 T.C. 175 (1975), affd. 532 F.2d 1088 (6th Cir. 1976). Exclusions and deductions from income are a matter of legislative grace and are narrowly construed. INDOPCO, Inc. v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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