Daniela Aldea - Page 8




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          affd. in part and remanded in part without published opinion 679            
          F.2d 898 (9th Cir. 1982), found that the taxpayer, who relied on            
          Rev. Rul. 190, supra, to support the deductibility of his                   
          transportation expenses was not entitled to such deductions                 
          because he had not established that the work sites at issue were            
          outside the general area of his principal or regular place of               
          employment.3  We thus found, without determining whether the jobs           
          were temporary, that the taxpayer was not entitled to deduct                
          transportation expenses.  See Harris v. Commissioner, supra.                
               In the present case, petitioner points to our finding in               
          Norwood v. Commissioner, 66 T.C. 467 (1976), as support for her             
          position that the temporary nature of her employment is                     
          sufficient in and of itself to entitle her to deductions for                
          commuting expenses.  Our disposition of Norwood, however, was               
          based on the parties’ framing of the issues; thus the sole focus            
          of our inquiry was whether the employment was temporary.  See id.           
          at 469.  Petitioner also relies on respondent’s position in Rev.            
          Rul. 60-189, 1960-1 C.B. 60.  Rev. Rul. 60-189 is irrelevant to             
          petitioner’s case as it concerns expenses incurred while                    



               3  Dahood v. United States, 747 F.2d 46, 48-49 & n.4 (1st              
          Cir. 1984), indicates that the Court of Appeals for the Ninth               
          Circuit remanded Harris v. Commissioner, T.C. Memo. 1980-56,                
          affd. in part and remanded in part without published opinion 679            
          F.2d 898 (9th Cir. 1982), because it questioned whether the                 
          evidence supported our findings of fact and not because the Court           
          of Appeals for the Ninth Circuit disagreed with the two-prong               
          test as a matter of law.                                                    




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