- 10 - Peurifoy v. Commissioner, 358 U.S. 59, 60 (1958). Under this exception, a taxpayer’s “tax home” becomes the vicinity of the taxpayer’s primary personal residence in a “real and substantial sense”. Id.; see Deamer v. Commissioner, T.C. Memo. 1984-63, affd. 752 F.2d 337 (8th Cir. 1985); Rohr v. Commissioner, T.C. Memo. 1982-117. Employment is considered temporary only if its termination can be foreseen within a reasonably short period of time, but such temporary employment may become indefinite if it is expected to last for a substantial, an indefinite, or an indeterminate duration, or due to changed circumstances or the passage of time. Norwood v. Commissioner, 66 T.C. 467, 469-470 (1976); Kroll v. Commissioner, supra at 562. Whether a job is temporary or indefinite depends on the facts and circumstances of each case. Peurifoy v. Commissioner, supra at 60-61. The purpose of the deduction for “away from home” expenses is “to mitigate the burden of the taxpayer who, because of the exigencies of his trade or business, must maintain two places of abode and thereby incur additional and duplicate living expenses.” Kroll v. Commissioner, surpa at 562. An obvious precondition to a taxpayer’s being away from home is that the taxpayer have a home. See Bochner v. Commissioner, 67 T.C. 824, 828 (1977). This means that the taxpayer must have incurred substantial continuing living expenses at a permanent place of residence and must also have paid the expenses incurred inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011