Marin I. and Anita J. Johnson - Page 20




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          maintain a residence in a city in which he or she actually                  
          works.6  See id.                                                            
               Second, unlike the taxpayer in Henderson v. Commissioner,              
          supra, petitioner would have incurred a substantial out-of-pocket           
          duplication of lodging and meal expenses while he worked but for            
          the fact that his employer furnished him with those items at no             
          charge.  Had petitioner’s employer not done so, petitioner would            
          have incurred the duplicative out-of-pocket expenses which                  
          respondent argues are necessary for a finding of a tax home.                
          Contrary to respondent’s assertion, we do not believe that a                
          finding of a tax home for purposes of section 162(a) turns on               
          whether an employer provides lodging and meals to an employee               
          without charge as part of the employee’s compensation package.              
          See Henderson v. Commissioner, supra at 499 (“A taxpayer may [as            
          opposed to will] have no tax home * * * if he continuously                  


               6 As a point of fact, however, petitioner did work near his            
          personal residence on a few occasions.  Respondent points to the            
          parties’ stipulation that petitioner’s “employer did not require            
          petitioner Marin Johnson to perform services as a ship master in            
          the Freeland, Washington area during 1994 or 1996” and concludes            
          that all of petitioner’s work was far from his personal                     
          residence.  We do not read this stipulation as broadly as                   
          respondent.  To be sure, petitioner worked near his personal                
          residence from Oct. 20 through 23, 1996, and on Dec. 13, 1996.              
          Respondent also places undue weight on the fact that Crowley did            
          not require that petitioner vacation at his personal residence,             
          thus leaving petitioner free to vacation elsewhere.  The fact               
          that Crowley did not mandate that petitioner stay at his personal           
          residence during his vacation carries no weight as to whether he            
          had a tax home for purposes of sec. 162(a).                                 





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