Marin I. and Anita J. Johnson - Page 19




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          lived with his parents practically without charge in the situs              
          that he argued was his tax home, petitioner was primarily                   
          responsible for maintaining financially his personal residence,             
          he had an ownership interest in his personal residence, and he              
          contributed to his household there in a valuable and                        
          indispensable way.  Petitioner also spent a substantial part of             
          each year at his personal residence.  Whereas the taxpayer in               
          Henderson v. Commissioner, supra, worked for his employer away              
          from his claimed tax home approximately 85 percent of the year,             
          petitioner was required by his employer to be away from his                 
          personal residence only 47.4 percent of 1994 and only 56.4                  
          percent of 1996.                                                            
               Petitioner also had a legitimate reason for maintaining his            
          personal residence in Freeland while traveling throughout the               
          world with and for his employer.  First, petitioner’s family did            
          not travel with him while he worked; thus, petitioner was                   
          required to maintain a family residence somewhere.  We refuse to            
          second guess petitioner’s decision to maintain his family                   
          residence in Freeland, instead of moving his family to the                  
          location of his Florida employer or to one of the many cities to            
          which he traveled.  Cf. Leach v. Commissioner, supra.  To have a            
          tax home for purposes of section 162(a), a taxpayer need not                









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