- 8 - She interviewed for about 2 hours and stayed for about 2 or 3 days, including Thanksgiving. The fifth trip was to Charleston, West Virginia. Petitioner again had a 1-day interview and stayed in Charleston from December 23 to December 29. As noted above, the regulations provide that travel expenses are deductible only if the trip is related primarily to the taxpayer’s business, sec. 1.162-2(b)(1), Income Tax Regs., and an important factor in determining this is the amount of time spent on personal activities compared to the time spent on activities related to the taxpayer’s trade or business. Sec. 1.162-2(b)(2), Income Tax Regs. Respondent concedes that petitioner has substantiated the expenses in question. However, petitioner has failed to demonstrate that three of the trips in question, namely, the July trip to Beckley, the July trip to Los Angeles, and the December trip to Charleston, were not primarily personal. In the case of these three trips, each was at least 5 days long, even though the job interview that occurred during each trip was only for 1 day. Petitioner has failed to show that any of the remaining time, other than the time during interviews, was spent on business rather than personal activities. Moreover, two of these three trips occurred over major holidays. We find that these trips were primarily personal in nature, and accordingly petitioner is not entitled to deduct any of the travel costs associated with them.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011