Marvin L. Barmes and Barbara J. Barmes - Page 8




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                  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,                         






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