- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011