Norman E. Duquette, Inc. - Page 24




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          expenses the costs he incurred in making trips from Jackson to              
          Mobile and his expenditures for meals and hotel rooms while in              
          Mobile.  See id. at 468-469.  With respect to the pursuit-of-               
          business condition, in the context of the facts before it in                
          Flowers, the Supreme Court said:                                            
               This means that there must be a direct connection                      
               between the expenditure and the carrying on of the                     
               trade or business of the taxpayer or his employer.                     
               Moreover, such an expenditure must be necessary or                     
               appropriate to the development and pursuit of the                      
               business or trade.                                                     
          Id. at 470.  The Supreme Court dismissed almost summarily any               
          claim that the expenses in question had been incurred in pursuit            
          of the business of the corporation.  See id. at 473.  The Court             
          found that the expenses were no different in kind than the                  
          commuting expenses incurred by employees residing in proximity to           
          their post of duty.  See id.  Such local commuting expenses the             
          Court characterized as “living and personal expenses lacking the            
          necessary direct relation to the prosecution of the [employer’s]            
          business.”  Id.  The Court found that the taxpayer’s added costs            
          of a long-distance commute "were as unnecessary and inappropriate           
          to the development of the railroad’s business”.  Id.  The                   
          railroad, the Court stated, did not require the taxpayer to                 
          travel on business from Jackson to Mobile or to maintain living             
          quarters in both cities:  “It simply asked him to be at his                 
          principal post in Mobile as business demanded and as his personal           
          convenience was served”.  Id.  The Court concluded:                         





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