- 15 - condominium as his “home” does not satisfy the requirements of a tax home within the meaning of section 162(a)(2). On the basis of the record, petitioner was an itinerant for purposes of section 162(a)(2). Therefore, his place of residence follows him to his place of employment. See Michel v. Commissioner, 629 F.2d at 1073-1074. Although petitioner may have maintained his “business headquarters” in Colorado and had all his compensation wired to his business bank account in Colorado, his principal place of employment was in Australia. Indeed, all of the expenses at issue were incurred for petitioner’s consulting services performed in Australia, not in Colorado. Accordingly, we conclude that petitioner’s tax home, for purposes of section 162(a)(2) for the relevant time period, was Australia. We thus sustain respondent’s determination. Conclusion We have considered all of the other arguments made by petitioner, and, to the extent that we have not specifically addressed them, we conclude that they are without merit. Reviewed and adopted as the report of the Small Tax Case Division.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