- 14 - it is the delivery point or facility, not the taxpayer's residence, where the most important functions of the business are undertaken. [Id. at 176.] In this case, petitioner provided no evidence as to how many hours he worked at home compared to hours he visited clients' business sites. Although he presumably kept records, made telephone calls, and perhaps did some drafting at his home office, this evidence is insufficient to allow us to determine whether petitioner performed most or the most important of his consulting services in his attached garage or at his clients' business sites. Accordingly, in the absence of proving that his residence was his "principal place of business", petitioner is not entitled to deductions for the home office expenses. Automobile Expenses For each year in issue, petitioner claims expenses for mileage associated with driving his automobile from his residence to various client locations while pursuing his consulting business. Respondent disallowed all of petitioner's claimed expenses. It is well settled that, as a general rule, the expenses of traveling between one's home and his place of business or employment constitute commuting expenses which are nondeductible, personal expenses. See sec. 262; Fausner v. Commissioner, 413 U.S. 838 (1973); Commissioner v. Flowers, 326 U.S. 465 (1946);Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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