Richard M. Brockman - Page 5




                                        - 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 a              






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011