- 23 - “This is an ordinary and necessary expense clearly deductible under IRC sections 161 and 162.”5 Respondent argues that the Bethesda apartment was Norman’s tax home for the 1994 tax year and, therefore, when he was there, he was not "away from home", so as to allow a deduction pursuant to section 162(a)(2). Respondent argues that the Bethesda apartment expenses were personal living expenses provided by petitioner to Norman and, therefore, additional nondeductible constructive dividends. 4. Discussion A corporation may deduct its costs for the travel of its employees on the business of the corporation. See, e.g., Avon Mills v. Commissioner, 7 B.T.A. 143, 146 (1927). Among the conditions that must be satisfied before a deduction for traveling expenses may be taken under section 162(a)(2) is that the expense is incurred in pursuit of business. See Commissioner v. Flowers, 326 U.S. 465, 470 (1946) (interpreting section 23(a)(1)(A) of the 1939 Code, the precursor to section 162(a)(2)). In Flowers, the taxpayer, an employee of a railroad, resided in Jackson, Mississippi. His principal post of business was in Mobile, Alabama, and he attempted to deduct as traveling 5 Sec. 161 provides: “In computing taxable income under section 63, there shall be allowed as deductions the items specified in this part, subject to the exceptions provided in part IX (sec. 261 and following, relating to items not deductible).”Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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