Robert Lyle Verity - Page 10

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          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).                                        




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