- 11 - B. Job-Hunting Expenses in Las Vegas Petitioner also claimed significant travel expenses for the period beginning April through July 1995. Since we have determined that petitioner's tax home was Nashville, the expenses must be allocated between petitioner's gambling and job-hunting activities. It is difficult to discern the amount of time petitioner spent on his gambling versus his job-hunting activities. Considering all of the facts and circumstances, we conclude petitioner spent approximately one-quarter of his time job-hunting in Las Vegas. Accordingly, petitioner is entitled to a $700 deduction for food and lodging. No amount for postage, long-distance telephone calls, or car insurance is allowable because petitioner has not substantiated that these expenses were related to his job-hunting. If an employee travels to an area to seek new employment and also engages in personal activities, traveling expenses are deductible only if the trip is related primarily to seeking new employment. See sec. 1.162-2(b), Income Tax Regs. The amount of time during the period of the trip that is spent on personal activity compared to the amount of time spent on seeking new employment is important in determining whether the trip is primarily personal. See id. Petitioner spent most of his time in Las Vegas gambling, rather than seeking new employment. Accordingly, petitioner is not entitled to deduct his travelPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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