- 7 - wife and daughters. Petitioner also argued that he occasionally had to go into the Raytheon office in Manhattan Beach because he was required to attend safety training, or he had to pick up supplies. Petitioner has offered no evidence of the frequency, if any, of these office visits, but they were not every weekend.2 Furthermore, petitioner argued that he was assigned to the Raytheon office which was his principal place of business and therefore his tax home. Petitioner may have been administratively assigned to the Raytheon office; however, petitioner’s principal place of employment was at the Fremont project where he was needed Monday through Friday for 27 months. Based on the record, we find that petitioner’s tax home for purposes of section 162(a)(2) was in Fremont during the years at issue. We find that petitioner maintained his residence in Rowland Heights out of personal preference and not for business reasons. See Commissioner v. Flowers, 326 U.S. 465 (1946). Accordingly, we hold that petitioners are not entitled to claim deductions for traveling and living expenses paid in connection 2 In petitioners’ posttrial brief, they state for the first time that petitioner had to bring in his time sheet to the Raytheon office every Friday. Petitioners offered no evidence at trial to support this contention, and the record reflects otherwise.Page: Previous 1 2 3 4 5 6 7 8 Next
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