- 10 - 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 becausePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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