- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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