William J. McNeill - Page 4




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          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 section              








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