Marin I. and Anita J. Johnson - Page 22




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          had to pay for those living quarters and his meals there as well            
          as the cost of his personal residence and the meals which his               
          family consumed at the personal residence.  According to                    
          respondent, an employee such as petitioner can never have a tax             
          home because he continually travels to different cities during              
          his employment.  We disagree that such continual travel, in and             
          of itself, serves to disqualify a taxpayer from having a tax home           
          for purposes of section 162(a).  Regardless of where a taxpayer             
          performs most of his or her work, the fact that he or she                   
          maintains financially a fixed personal residence generally means            
          that he or she has a tax home someplace.  See James v. United               
          States, 308 F.2d 204 (9th Cir. 1962) (a taxpayer's permanent                
          residence is his or her tax home if the taxpayer has no principal           
          place of employment, is currently working away from that                    
          residence, and incurs substantial continuing living expenses at             
          the residence); see also Leach v. Commissioner, 12 T.C. 20                  
          (1949).  Because petitioner incurred throughout the subject years           
          substantial living expenses in maintaining his personal                     
          residence, his personal residence was his tax home for purposes             
          of section 162(a).  Cf. Ireland v. Commissioner, T.C. Memo. 1979-           
          386.                                                                        
               Respondent’s reliance on Rev. Rul. 73-529, 1973-2 C.B. 37,             
          is misplaced.  In addition to the fact that revenue rulings are             
          not binding on this Court, see Sklar, Greenstein & Scheer, P.C.             





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