- 4 - Petitioner's position is that his "home" during 1993 was in Chandler. He argues that he conducted research and writing activities in the Chandler area during 1993 which he considered his primary business activity. Respondent's position is that petitioner's "home" during 1993 was in Calexico. Respondent argues that petitioner is not entitled to the claimed deduction because the expenses were not paid while he was away from home. Based on the record, we find that petitioner's primary place of business or employment, and thus his "home" under section 162(a)(2), was in Calexico. Petitioner earned his living as a high school teacher in Calexico. We are not convinced that he conducted research, writing, or other business activities in Chandler which allow his teaching activity in Calexico to be treated as other than his primary business activity. According to his tax returns filed with respondent, he earned no income from these other activities from 1991 through 1996. Moreover, we find the actual time petitioner spent in Chandler during which these activities could have been conducted insubstantial in comparison to the actual time he spent teaching in Calexico. He worked full-time in Calexico during the school year and testified that he spent at least 1 month of his 2-month summer vacation in Alaska with his son, George, in an activity for which he claimed Schedule C business expense deductions which were allowed by respondent. We find that he maintained his residence in ChandlerPage: Previous 1 2 3 4 5 6 Next
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