- 16 - 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 travelPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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