- 16 - laws unless otherwise expressly provided for by Congress. Burnet v. Harmel, 287 U.S. 103, 110 (1932). Even public policy designed to encourage the recall of Federal judges cannot control the operation of the Federal tax laws where the judges are not required by law to maintain two different residences. Putnam v. United States, 32 F.3d 911 (5th Cir. 1994). The relief petitioner seeks should be sought from Congress, not from the courts. See Montgomery v. Commissioner, 532 F.2d 1088, 1091 (6th Cir. 1976), affg. 64 T.C. 175 (1975). We have considered all of petitioner's other arguments and find them to be without merit. Thus, we hold that petitioner's travel, lodging, and meal expenses incurred due to his attendance at the Mississippi Supreme Court sessions in Jackson are nondeductible expenses under section 262. See Fausner v. Commissioner, 413 U.S. 838 (1973); Commissioner v. Flowers, 326 U.S. 465 (1946). Consequently, those expenses reimbursed by the State of Mississippi are includable in income, Putnam v. United States, supra at 920; sec. 1.62-2(c)(5), Income Tax Regs., and those expenses not reimbursed by the State are not deductible, sec. 162(a)(2). To reflect the foregoing and the concessions of the parties, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
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