Thomas E. and Susan L. Truskowsky - Page 14

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          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 individual            






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