- 11 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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