Teresita T. Daiz - Page 10




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               personal, reasons.  This exception permits taxpayers to                
               deduct commuting expenses to a job that is temporary,                  
               as opposed to indefinite, in duration.  The exception                  
               has been deemed necessary because “it is not reasonable                
               to expect people to move to a distant location when a                  
               job is foreseeably of limited duration.”  Implicit in                  
               this exception is the requirement that the taxpayer                    
               commute to a worksite distant from his or her                          
               residence.  Without such a requirement, the absurd                     
               result would obtain of permitting a taxpayer, who                      
               commuted to a succession of temporary jobs, to deduct                  
               commuting expenses, no matter how close these jobs were                
               to his residence.  [Emphasis added; citations omitted.]                
          See also Ellwein v. United States, supra at 512 (holding that a             
          taxpayer can deduct commuting expenses to a temporary job site if           
          it is outside the area of the taxpayer’s regular abode).                    
               Respondent argues that petitioner’s temporary travel to work           
          sites distant from her home in Stockton should be disallowed                
          under the so-called “two-prong test” of Rev. Rul. 94-47, 1994-2             
          C.B. 18.  In that ruling, largely devoted to respondent’s                   
          explanation of his reasons for refusing to follow this Court’s              
          opinion in Walker v. Commissioner, 101 T.C. 537 (1993),                     
          respondent stated: “A taxpayer may deduct daily transportation              
          expenses incurred in going between the taxpayer’s residence and a           
          temporary work location outside the metropolitan area where the             
          taxpayer lives and normally works.”                                         
               Petitioner has satisfied the requirements of Rev. Rul. 94-             
          47, 1994-2 C.B. at 19 because of the peculiar circumstances of              
          this case.  As we have found, petitioner’s employment in issue              
          was temporary.  Plainly it was distant from her home in Stockton.           
          For years, including a portion of 1996, petitioner also had been            
          employed in Stockton.  Starting in 1996, at least partly because            






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