Robert B. and Betty D. Harris - Page 12




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               Deductions are a matter of legislative grace.  See New                 
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                    
          Petitioners bear the burden of proving that petitioner's tax home           
          was not in Los Angeles during 1994.  See Rule 142(a); Welch v.              
          Helvering, 290 U.S. 111, 115 (1933); Daly v. Commissioner, 72               
          T.C. 190, 197 (1979), affd. 662 F.2d 253 (4th Cir. 1981).  The              
          cost of goods purchased for resale in a taxpayer's business is an           
          offset to gross receipts in computing gross income.  See Metra              
          Chem Corp. v. Commissioner, 88 T.C. 654, 661 (1987).                        
          Petitioner's purported travel expenses are not cost of goods sold           
          but are expenses that would reduce petitioner's income, if at               
          all, as a deduction pursuant to section 162.  Thus we shall                 
          discuss the cost of goods sold and deductions together.                     
               A taxpayer ordinarily may not deduct a personal expense.               
          See sec. 262.  Section 162(a), however, allows a taxpayer to                
          deduct traveling expenses incurred while away from home.  A                 
          taxpayer may deduct a traveling expense under section 162(a)(2)             
          if the following three conditions are satisfied: (1) The expense            
          must be reasonable (e.g., lodging, transportation, fares, and               
          food); (2) it must be incurred while away from home; and (3) it             
          must be an ordinary and necessary expense incurred in the pursuit           
          of a trade or business.  See Commissioner v. Flowers, 326 U.S.              


               5(...continued)                                                        
          and 282 days during 1995 and 1996, respectively.                            





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