Marc G. Bissonnette and Lillian I. Cone - Page 3

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               After concessions,2 the issues for decision are:  (1)                  
          Whether Marc G. Bissonnette (petitioner) was “away from home”               
          within the meaning of section 162(a)(2) by virtue of his duties             
          as a passenger ferryboat captain on turnaround voyages completed            
          within 24 hours; (2) if petitioner was “away from home”, whether            
          he is required to prorate and reduce his allowable meals and                
          incidental expenses (M&IE) for a partial day of travel away from            
          home; and (3) if petitioner was “away from home”, whether he is             
          required to further reduce his allowable M&IE by 50 percent                 
          pursuant to section 274(n).                                                 
                                  FINDINGS OF FACT                                    
          A.   Petitioner’s Education and Employment                                  
                                                                                     
               The parties’ stipulation of facts and the attached exhibits            
          are incorporated herein by this reference, and the facts                    


               2 The parties filed a stipulation of settled issues in which           
          they agreed to the amounts of deductions that petitioners are               
          entitled to claim for spouse union dues for the years at issue,             
          tax preparation fees in 2002 and 2003, spouse continuing                    
          education expenses in 2002, and license fees in 2001.                       
                                                                                     
               The parties also stipulated that if the Court determines               
          petitioner was away from home during either the Victoria layovers           
          or the Friday Harbor layovers, or both:  (1) Petitioner has                 
          substantiated the time, place, and business purpose of the                  
          travel; (2) petitioner may use the Federal M&IE rate for the                
          locality of travel for each day or partial day that he was away             
          from home; (3) petitioner incurred telephone expenses of $300,              
          $260, and $300 for the years at issue, respectively; and (4)                
          petitioner incurred taxi expenses while in Victoria during the              
          years at issue of $199, $93, and $326, respectively.  Petitioner            
          concedes that his miscellaneous itemized deductions for the years           
          at issue are limited to amounts which exceed 2 percent of his               
          adjusted gross income under sec. 67(a).                                     




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