James Lawton Robertson and Lillian Janette Humber Robertson - Page 11

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          at his own expense if he had so chosen.  Ultimately, we are bound           
          by what actually occurred, not what might have happened.  Don E.            
          Williams Co. v. Commissioner, 429 U.S. 569, 579-580 (1977);                 
          Commissioner v. National Alfalfa Dehydrating & Milling Co., 417             
          U.S. 134, 148-149 (1974).                                                   
               Because we find that petitioner's tax home for purposes of             
          section 162 was Jackson and not Oxford, except as set forth below           
          petitioner may not deduct  the  travel  expenses  (including                
          transportation, meals, and lodging) incurred for traveling between          
          his residence in Oxford and his principal place of business in              
          Jackson.  In general, these expenses are considered nondeductible,          
          personal commuting expenses under section 262.  See Fausner v.              
          Commissioner, 413 U.S. 838 (1973); Commissioner v. Flowers, 326             
          U.S. 465 (1946).  However, the transportation costs that petitioner         
          incurred in traveling from Jackson where he served as a Mississippi         
          Supreme Court Justice to Oxford on days in which petitioner taught          
          classes at the law school are deductible as ordinary and necessary          
          business expenses, as respondent concedes.  See Steinhort v.                
          Commissioner, 335 F.2d 496, 504 (5th Cir. 1964), affg. T.C. Memo.           
          1962-233; Kistler v. Commissioner, 40 T.C. 657, 665 (1963); Heuer           
          v. Commissioner, 32 T.C. 947, 951-952 (1959), affd. 283 F.2d 865            
          (5th Cir. 1960).                                                            
               The U.S. Court of Appeals for the Fifth Circuit, to which an           
          appeal of this case would lie, has addressed the deductibility of           





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