- 8 - as deductions were incurred while traveling away from his tax home. He asserts that his “lifetime homestead” is at his parents’ residence in Aliquippa. Section 162(a) allows as a deduction “traveling expenses * * * while away from home in the pursuit of a trade or business”. An individual’s tax home under this provision generally is the individual’s principal place of business, not the location of his personal residence. Mitchell v. Commissioner, 74 T.C. 578, 581 (1980). An exception exists under which an individual’s tax home is his personal residence if his principal place of business is temporary rather than indefinite. Peurifoy v. Commissioner, 358 U.S. 59, 60 (1958). However, as this Court has previously stated: An obvious precondition to petitioner’s being “away from home” is that he have a home to be away from. In the context of section 162(a)(2), petitioner must show that he incurred substantial living expenses at a permanent residence. This requirement is in accord with the purpose underlying section 162(a)(2), to mitigate the burden falling upon a taxpayer who, because of the exigencies of his or her trade or business, must maintain two places of abode and thereby incur additional and duplicate living expenses. Lichtenberger v. Commissioner, T.C. Memo. 1985-370, affd. without published opinion 789 F.2d 919 (7th Cir. 1986). Petitioner’s employment was apparently temporary. However, we find that he did not have a tax home in Aliquippa within the context of section 162(a)(2) because he did not incur substantial living expenses while there. On the contrary, his presence there was purely personal in nature, and his parents, not petitioner,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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