Nicholas M. Romer - Page 38




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                  (ii)  Nashville Rent                                                
               From March 1991 and at all relevant times thereafter,                  
          petitioner maintained his personal residence in Nashville, where            
          he rented and furnished an apartment; as far as the record                  
          reveals, he maintained no regular living quarters in Minneapolis            
          (his tax home).  Petitioner seeks deductions for his Nashville              
          rent and utility expenses.                                                  
               As far as the record reveals, petitioner’s decision to                 
          maintain his personal residence at his minor employment post in             
          Nashville rather than near his principal place of business in               
          Minneapolis was a personal choice made for the sake of his own              
          convenience.  Such a decision does not operate to convert                   
          personal living expenses into deductible business expenses.  See            
          Mazzotta v. Commissioner, 57 T.C. 427 (1971), affd. without                 
          published opinion 465 F.2d 1399 (2d Cir. 1972); Lagrone v.                  
          Commissioner, supra.  There is no evidence in the record to                 
          indicate that Flagship Airlines required petitioner to live in              
          the Nashville area.  In this regard, this case is less like                 
          Folkman v. United States, 615 F.2d 493 (9th Cir. 1980) (allowing            
          commercial pilot’s travel expenses between his San Francisco,               
          California, airline duty post and Reno, Nevada, where he resided            
          as a condition of retaining employment with the Nevada Air                  
          National Guard), upon which petitioner relies, than Dean v.                 
          Commissioner, T.C. Memo. 1976-379 (disallowing commercial pilot’s           
          travel expenses between his New York airline duty post and Kansas           





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