Marc G. Bissonnette and Lillian I. Cone - Page 2

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                    R denied the deductions, determining that P was                   
               not “away from home” within the meaning under sec.                     
               162(a)(2), I.R.C., because his voyages did not require                 
               him to obtain sleep or rest.  Additionally, R argues                   
               that if P is considered “away from home” and is                        
               entitled to deduct his M&IE, P was required to prorate                 
               and reduce those expenses for a partial day of travel                  
               away from home and was required to further reduce these                
               expenses by 50 percent pursuant to sec. 274(n), I.R.C.                 
                                                                                     
                    Held: Petitioner was “away from home” for                         
               purposes under sec. 162(a)(2), I.R.C., and may deduct                  
               M&IE incurred while obtaining sleep or rest during the                 
               6-hour layovers.                                                       
                    Held, further, P may deduct the allowable Federal                 
               M&IE rate for a full day of travel.                                    
                    Held, further, P is required to reduce his                        
               allowable M&IE by 50 percent pursuant to sec. 274(n),                  
               I.R.C.                                                                 


               Gregory L. White, for petitioners.                                     
               Lisa M. Oshiro, for respondent.                                        


               HAINES, Judge:  Respondent determined deficiencies in                  
          petitioners’ Federal income taxes for 2001, 2002, and 2003 (years           
          at issue) of $3,011, $3,119, and 3,250, respectively.1                      







               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code, as amended, and Rule references are to           
          the Tax Court Rules of Practice and Procedure.  Amounts are                 
          rounded to the nearest dollar.                                              




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