Walter R. Strohmaier - Page 16




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          States v. Correll, supra at 304-305.  On the other hand, where no           
          lodging expense is incurred, the meal expenses incurred by the              
          taxpayer do not add to the taxpayer's business expenses because             
          such expenses result from the sort of rest that anyone can, at              
          any time, without special arrangement and without special                   
          expense, take in his own automobile or office.  See Barry v.                
          Commissioner, supra at 1213; see also Siragusa v. Commissioner,             
          T.C. Memo. 1980-68, affd. without published opinion 659 F.2d 1062           
          (2d Cir. 1981).  The fact that petitioner's rests were                      
          necessitated by a medical condition does not render his meal                
          expenses deductible as travel expenses.  In Barry v.                        
          Commissioner, 435 F.2d at 1291, the Court stated:                           

               The Commissioner's rule, known as the overnight rule,                  
               and approved in United States v. Correll, * * *, is                    
               particularly aimed at formulating an objective test                    
               which will obviate individual analysis of countless                    
               factual variations * * *.  Nor does [the] taxpayer                     
               qualify as one obliged to sleep or rest simply because                 
               the length of his trip tired him, and he stopped by the                
               side of the road for a brief nap. * * *  The rule                      
               requires a stop of sufficient duration that it would                   
               normally be related to a significant increase in                       
               expenses.  * * *  [Emphasis added.]                                    

          See Chappie v. Commissioner, 73 T.C. 823, 830 (1980).  Under                
          Barry v. Commissioner, supra, the factual variation suggested by            
          petitioner does not entitle him to a deduction of his travel                








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