Teresita T. Daiz - Page 9




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          (1st Cir. 1984); Neal v. Commissioner, 681 F.2d 1157, 1158 (9th             
          Cir. 1982), affg. per curiam T.C. Memo. 1981-407; Kasun v. United           
          States, 671 F.2d 1059, 1061 (7th Cir. 1982); Williams v.                    
          Commissioner, T.C. Memo. 1990-467; Epperson v. Commissioner, T.C.           
          Memo. 1985-382.                                                             
               In Epperson, the taxpayer was an ironworker who, during                
          1981, commuted daily to various job sites from his home in                  
          Seffner, Florida:                                                           
                                                  Round trip                          
          Job site         Number of days         mileage from Seffner                
          New Wales           92                       44                             
          Palatka        26                            300                            
          St. Petersburg         43               30                                  
          Crystal River       37                       160                            
          After finding that all of the jobs were temporary, rather than              
          indefinite, we held that the taxpayer’s commuting expenses to the           
          job sites in Palatka and Crystal River were deductible, but his             
          commuting expenses to the job sites in New Wales and St.                    
          Petersburg were not deductible because they “were clearly within            
          the general area of the petitioner’s residence”.  Id.                       
               Other courts have likewise imposed a requirement that for a            
          taxpayer’s commuting expenses to be deductible the taxpayer’s               
          residence must be distant from the temporary job site.  In Dahood           
          v. United States, supra at 48, the Court of Appeals for the First           
          Circuit explained the rationale for permitting the deduction of             
          commuting expenses to temporary job sites:                                  
               A judicial exception has been carved out of this                       
               general rule [that daily commuting expenses are not                    
               deductible] to cover instances when people commute long                
               distances to their workplaces for business, rather than                






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