- 9 - trade or business. For purposes of section 162(a)(2), a taxpayer shall not be treated as being temporarily away from home during any period of employment if such period exceeds 1 year. Sec. 162(a). Section 262(a), however, disallows deductions for personal, living, or family expenses. There are three criteria for determining whether travel expenses are deductible: (1) The expense must be reasonable and necessary; (2) they must be incurred “while away from home”; and (3) they must be incurred in pursuit of a trade or business. Commissioner v. Flowers, 326 U.S. 465, 470 (1946). For income tax purposes, the term “home” in section 162(a)(2) means a taxpayer’s “tax home”; i.e., the taxpayer’s principal place of employment and not where the taxpayer’s personal residence is located, if different from the principal place of employment.8 Mitchell v. Commissioner, 74 T.C. 578, 581 (1980); Daly v. Commissioner, 72 T.C. 190, 195 (1979), affd. 662 F.2d 253 (4th Cir. 1981); Kroll v. Commissioner, 49 T.C. 557, 561-562 (1968). An exception to this rule exists when a taxpayer accepts employment away from the taxpayer’s personal residence and such employment is temporary rather than indefinite. 8 The vocational “tax home” concept was first construed by this Court in Bixler v. Commissioner, 5 B.T.A. 1181, 1184 (1927), and has been steadfastly upheld by this Court. See, e.g., Horton v. Commissioner, 86 T.C. 589 (1986); Leamy v. Commissioner, 85 T.C. 798 (1985); Foote v. Commissioner, 67 T.C. 1 (1976); Kroll v. Commissioner, 49 T.C. 557 (1968).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011