Norman E. Duquette, Inc. - Page 23




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          “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).”                                                               





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