- 4 - expenses (including amounts expended for meals and lodging * * *) while away from home in the pursuit of a trade or business”. Sec. 162(a)(2). In this context, “home” generally refers to the taxpayer’s principal place of employment, if he has one; otherwise, he may treat as his tax home a permanent residence at which he incurs substantial continuing living expenses. See Barone v. Commissioner, 85 T.C 462, 465 (1985), affd. without published opinion 807 F.2d 177 (9th Cir. 1986). If, however, a taxpayer “‘is constantly on the move due to his work, he is never “away” from home.’” Deamer v. Commissioner, supra at 339 (quoting Hantzis v. Commissioner, 638 F.2d 248, 253 (1st Cir. 1981)). Lacking a tax home, the taxpayer is entitled to no business deduction for traveling expenses under section 162. See Kroll v. Commissioner, 49 T.C. 557, 562 (1968). During the tax years at issue, petitioner had no principal place of business, nor did he incur substantial living expenses at a permanent residence. His stays at the Green Bay house (about 5 days in 1998) and the mobile home (about 20 days in 1999) were sporadic and brief. Apart from the $1,000 annual payments on the mobile home, he had no substantial continuing living expenses at either the Green Bay house or the mobile home. Rather, petitioner was constantly on the move due to his work. Consequently, he had no tax home within the meaning of sectionPage: Previous 1 2 3 4 5 Next
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