Walter R. Strohmaier - Page 2




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               deductible. See sec. 280A(c)(1)(A), I.R.C.;                            
               Commissioner v. Soliman, 506 U.S. 168, 175-177 (1993).                 
                    2. Held, further, the car and truck expenses                      
               incurred by P between his residence and the places                     
               where he conducted religious services and the car and                  
               truck expenses between his residence and the first and                 
               last place of insurance customer contact each day are                  
               not deductible as transportation expenses but are                      
               nondeductible commuting expenses.  See secs. 262,                      
               162(a), I.R.C.; Wisconsin Psychiatric Servs. v.                        
               Commissioner, 76 T.C. 839, 849 (1981); Curphey v.                      
               Commissioner, 73 T.C. 766, 777-778 (1980); Heuer v.                    
               Commissioner, 32 T.C. 947, 953 (1959), affd. per curiam                
               283 F.2d 865 (5th Cir. 1960); Walker v. Commissioner,                  
               101 T.C. 537 (1993), distinguished.                                    
                    3. Held, further, expenses incurred for meals, in                 
               the absence of overnight lodging, are not deductible as                
               travel expenses away from home under sec. 162(a)(2),                   
               I.R.C., where the meal expenses incurred are occasioned                
               by the taxpayer's rests to accommodate a medical                       
               condition.  See United States v. Correll, 389 U.S. 299                 
               (1967); Barry v. Commissioner, 54 T.C. 1210 (1970),                    
               affd. per curiam 435 F.2d 1290 (1st Cir. 1970).                        

               Walter R. Strohmaier, pro se.                                          
               Robert W. Dillard, for respondent.                                     


                                       OPINION                                        

               PARR, Judge:  This case was assigned to Special Trial Judge            
          D. Irvin Couvillion pursuant to section 7443A(b)(3)1 and Rules              
          180, 181, and 182.  The Court agrees with and adopts the Opinion            
          of the Special Trial Judge, which is set forth below.                       


               1Unless otherwise indicated, section references are to the             
          Internal Revenue Code in effect for the years at issue.  All Rule           
          references are to the Tax Court Rules of Practice and Procedure.            




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