- 5 - family expenses. Sec. 262. To qualify under section 162(a)(2), the expenses must be (1) reasonable and necessary, (2) incurred while “away from home”, and (3) incurred in pursuit of a trade or business. Commissioner v. Flowers, 326 U.S. 465, 470 (1946). In the context of section 162(a)(2), the word “home” does not have its ordinary and usual meaning. Rather, the word “home” refers to the taxpayer’s principal place of business or employment and not his personal residence. Putnam v. United States, 32 F.3d 911, 916 (5th Cir. 1994); Mitchell v. Commissioner, 74 T.C. 578, 581 (1980). If a taxpayer has more than one place of business, his tax “home” is: (1) The place where he spends more of his time; (2) the place where he engages in a greater part of business activity; and (3) the place where he derives a greater proportion of his income. Robertson v. Commissioner, T.C. Memo. 1997-526 (citing Hoeppner v. Commissioner, T.C. Memo. 1992-703), affd. 190 F.3d 392 (5th Cir. 1999). We find that for the taxable years in question, petitioner’s tax home, or principal place of employment, was Chicago and not Stoughton, Wisconsin. By petitioner’s own admission, he had only personal reasons for living in Stoughton as opposed to Chicago. In a normal week, petitioner spent 3 days a week in Stoughton and 4 days a week in Chicago. On occasion, petitioner spent 3 daysPage: Previous 1 2 3 4 5 6 7 8 Next
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