Teresita T. Daiz - Page 5




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          drove to and from Bakersfield, petitioner drove 24,598 miles for            
          business purposes during 1997 based on the following figures:               
                    Number of             Round trip        Total                     
          Job site     round trips      mileage            mileage                    
          Novato         50                 171       8,550                          
          Napa           3         141                      423                       
          Ukiah          19        337                 6,403                          
          Yuba City      53        174                     9,222                      
                                                       24,598                         
               In the notice of deficiency, respondent disallowed all of              
          the unreimbursed employee expenses that petitioner claimed on her           
          Schedule A.  Respondent did not make any adjustments to                     
          petitioner’s Schedule C.                                                    
                                       OPINION                                        
               Section 162(a)(2) generally permits a deduction for                    
          traveling expenses incurred while away from home in the pursuit             
          of a trade or business.  See Commissioner v. Flowers, 326 U.S.              
          465, 470 (1946).  For a taxpayer to be considered “away from                
          home” within the meaning of section 162(a)(2), the taxpayer must            
          be on a trip requiring sleep or rest.  United States v. Correll,            
          389 U.S. 299 (1967).                                                        
               We have generally defined the word “home” as used in section           
          162(a)(2) to refer to the vicinity of a taxpayer’s principal                
          place of employment and not to the place where the taxpayer’s               
          personal residence is located, if that personal residence is                
          different from the principal place of employment.  Daly v.                  
          Commissioner, 72 T.C. 190, 195 (1979), affd. 662 F.2d 253 (4th              




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