- 13 - expenses"); Commissioner v. Flowers, 326 U.S. 465 (1946); sec. 1.262-1(b)(5), Income Tax Regs. (taxpayer's choice to live at a distance from his place of business is personal, and a taxpayer's costs of commuting to his place of business or employment are personal). Petitioners' total claimed hours of "work" must be reduced by the number of hours each spent in the personal activity of commuting between their home in Trappe, K-C, and Mrs. Truskowsky's mother's home near Washington, D.C. The Court estimates an approximate travel time of 2 hours from petitioners' home to K-C and 2 hours back or to go on to Mrs. Truskowsky's mother's house, a total trip of about 4 hours. For 1996, Mr. Truskowsky estimated that he made 36 trips to K-C, which when multiplied by 4 hours is 144 hours. Mrs. Truskowsky estimated that she made 38 trips and therefore spent about 152 hours commuting to and from the farm. Petitioners spent a total of 296 hours commuting to and from the farm in 1996 that must be deducted from their total claimed hours of work. For 1997, Mr. and Mrs. Truskowsky claimed 27 and 34 trips, respectively, to K-C for a total of 244 commuting hours that must be deducted from their total claimed hours. Section 1.469-5T(f)(2)(ii), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988), provides that work done by an individual in the individual's capacity as an investor in an activity shall not be treated as participation by the individualPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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