- 5 - location outside the metropolitan area where the taxpayer normally lives and works. Petitioner lived in Pleasant Hill, California, and until a change in his work location, worked in nearby Concord, California. His new work location in Colma, California, was outside of the metropolitan area of his residence and his Concord work location. Respondent contends that petitioner has not shown that his position at Colma was temporary. Respondent alternatively contends, that if petitioner’s position is found to be temporary, that petitioner has not sufficiently substantiated his mileage. Petitioner’s transfer to the Colma location was temporary in nature. Petitioner was unable to work with the general manager at his Concord work location. The companywide personnel manager advised petitioner that the Concord general manager would be leaving soon and that petitioner could temporarily work at the Colma dealership until the general manager left. The Colma location presented a substantial daily commute for petitioner. It was expected that petitioner would work at the Colma location for a few months and then return to Concord. Petitioner worked at the Colma location for 4 months until the Concord general manager left the Concord location. Petitioner was not allowed to return to the Concord location and terminated his employment. Petitioner’s situation is similar to those described in Mazzotta v. Commissioner, T.C. Memo. 1971-227. In that case aPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011