Richard Raymond Raush - Page 3

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          teaching job in Calexico.  In the statutory notice of deficiency,           
          respondent disallowed the claimed deduction.                                
               Section 162(a) allows a deduction for the ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business including the trade or business             
          of being an employee.  Commissioner v. Flowers, 326 U.S. 465                
          (1946).  Section 162(a)(2) allows a deduction for traveling                 
          expenses if the expenses are:  (1) Ordinary and necessary; (2)              
          paid or incurred while away from home; and (3) paid or incurred             
          in pursuit of a trade or business.  Bochner v. Commissioner, 67             
          T.C. 824, 827 (1977).  The purpose behind the deduction for                 
          expenses paid or incurred while a taxpayer is away from home is             
          to ease the burden on the taxpayer who incurs additional and                
          duplicate living expenses.  Rosenspan v. United States, 438 F.2d            
          905, 912 (2d Cir. 1971); Tucker v. Commissioner, 55 T.C. 783, 786           
          (1971).                                                                     
               For purposes of section 162(a)(2), the vicinity of a                   
          taxpayer's principal place of business or employment generally              
          is considered his "home".  Mitchell v. Commissioner, 74 T.C. 578,           
          581 (1980).  If a taxpayer chooses for personal reasons to                  
          maintain a residence far from his permanent place of employment,            
          traveling expenses to and from the place of employment are                  
          nondeductible personal expenses.  Sec. 262; Bochner v.                      
          Commissioner, supra at 827.                                                 






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