Hansel Hamlin Johnson, Jr. and Janice H. Johnson - Page 5




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          indefinite, the taxpayer's residence may be considered the                  
          taxpayer's home, and the taxpayer may deduct the expenses                   
          associated with traveling to and living at a job site.  See                 
          Peurifoy v. Commissioner, 358 U.S. 59, 60 (1958).  Employment is            
          temporary if it is foreseeable that the employment will be                  
          terminated within a short period of time.  See Mitchell v.                  
          Commissioner, supra at 581.  Whether a taxpayer's employment is             
          temporary or indefinite is a question of fact.  See Peurifoy v.             
          Commissioner, supra at 61.                                                  
               In 1992, the flush language of section 162(a) was amended to           
          include the following:  "For purposes of paragraph (2), the                 
          taxpayer shall not be treated as being temporarily away from home           
          during any period of employment if such period exceeds 1 year."2            
          The amendment is effective for costs paid or incurred after                 
          December 31, 1992.3                                                         
               Petitioners contend that the language of the amendment is              
          unclear and that their understanding of the language is that the            
          1-year period referred to in the amendment began on December 31,            
          1992.  Respondent, in his brief filed on August 3, 1998, concedes           
          that petitioners are entitled to claim unreimbursed 1993 employee           
          expenses in the amount of $3,485, leaving $14,242 of 1993                   

               2                                                                      
                    See Energy Policy Act of 1992 (EPA 1992), Pub. L. 102-            
          486, sec. 1938(a), 106 Stat. 2776, 3033.                                    
               3                                                                      
                    EPA 1992, sec. 1938(b), 106 Stat. 3033.                           




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