William K. Starr - Page 2

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               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
               This case was submitted fully stipulated under Rule 122.               
          The stipulated facts are incorporated as our findings by this               
               During 1995, William K. Starr (petitioner) resided in                  
          Phoenix, Arizona.  Petitioner operated “Climb On A Rainbow”, a              
          sole proprietorship that provided hot air balloon rides to                  
               Petitioner operated his sole proprietorship for part of 1995           
          in Phoenix, Arizona, and the remainder of the year in                       
          Woodinville, Washington.  During 1995, petitioner lived in a                
          rented apartment in Woodinville for 156 days while operating his            
               On his Schedule C, Profit or Loss from Business, for 1995,             
          petitioner claimed a travel expense deduction of $18,748, of                
          which $18,720 represented lodging costs incurred in Washington.             
          Petitioner computed his lodging expenses based on a per diem rate           
          of $120 per day for the 156 days that he operated his business in           

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