- 8 - 1. Petitioners’ Contentions Petitioners contend that they used their cars almost exclusively for business purposes, and that their use of the cars to drive between their Fritchton residence and Barbara’s Gift Shop was travel between two business offices because their cattle business was located at their Fritchton residence. See secs. 274(d)(4), 280F(b)(3). 2. Commuting Expenses The expenses of traveling between one’s home and place of business are generally nondeductible, personal expenses. See sec. 262; Fausner v. Commissioner, 413 U.S. 838, 839 (1973); Commissioner v. Flowers, 326 U.S. 465, 473 (1946). A taxpayer whose primary business activity is not located at his or her residence may not deduct expenses of traveling between the residence and the business merely because the taxpayer conducts a secondary business at home. See Mazzotta v. Commissioner, 57 T.C. 427, 429 (1971), affd. 467 F.2d 943 (2d Cir. 1972); Andrews v. Commissioner, T.C. Memo. 1978-135. Petitioners conducted their primary business at 120 Main Street. Even though petitioner fed the cattle when he was at the Fritchton property and he and Mrs. Barmes worked some in the farmhouse office, petitioners’ primary reason for traveling from the gift shop to the Fritchton residence was personal. Petitioners cite Heape v. Commissioner, T.C. Memo. 1992-660,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011