- 8 - traveling to and living at his place of employment unless the traveling is required by the exigencies of his employment, rather than by his "personal conveniences and necessities". Commissioner v. Flowers, supra at 474. There, the taxpayer's principal place of employment was Mobile, Alabama, and the taxpayer traveled to Mobile from his home in Jackson, Mississippi, whenever his work required him to be in Mobile. The Court found that this travel was not required by the exigencies of his employment, but resulted from his personal choice to live in Jackson. Since his principal employment was in Mobile, he could reasonably have been expected to move there, which would have made this travel unnecessary. The principles articulated in Flowers have subsequently been applied in other cases. From these cases, we understand that a taxpayer's principal place of business generally is his or her tax home, although his or her residence is in another city or is not in the same area as the place of employment. See Mitchell v. Commissioner, 74 T.C. 578, 581 (1980); Kroll v. Commissioner, supra at 561-562. The rule is different, however, where a taxpayer's employment in another area is temporary as opposed to indefinite. See Peurifoy v. Commissioner, 358 U.S. 59 (1958); Horton v. Commissioner, 86 T.C. 589, 593 (1986). A taxpayer's tax home is his or her residence if the employment is temporary; the taxpayer's presence at the other location is considered to be away from home. See Kroll v. Commissioner, supra at 562. APage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011