- 11 - 414 (10th Cir. 1983). If travel expenses are incurred for both business and other purposes, the expenses are deductible only if the travel is primarily related to the taxpayer's trade or business. Sec. 1.162-2(b)(1), Income Tax Regs. If a trip is primarily personal in nature, the travel expenses are not deductible even if the taxpayer engages in some business activities at the destination. Id. Whether travel is primarily business related or personal is a question of fact. Sec. 1.162- 2(b)(2), Income Tax Regs. Petitioner claimed a deduction for travel expenses in the amount of $1,940. Petitioner presented copies of her credit card statements and marked the items associated with her travel expenses including airfare, rental car fees, and lodging. Petitioner testified that her trips to Minneapolis, Seattle, and Boston were in response to immediate concerns involving au pairs and families at those locations and gave specific information regarding the nature of the concerns associated with each trip. Petitioner also deducted travel expenses for trips to St. Croix, Puerto Rico, Disneyland, and Las Vegas. The fact that a taxpayer engaged in business during a portion of the trip is not sufficient to entitle the taxpayer to deduct travel expenses absent a showing that business was the primary motive for the trip. Reed v. Commissioner, 35 T.C. 199 (1960); Levine v. Commissioner, T.C. Memo. 1987-413; sec. 1.162-2(b)(1) Income TaxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011