Marc G. Bissonnette and Lillian I. Cone - Page 10

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          Schedules A, Itemized Deductions, for the years at issue and, if            
          any of the expenses are deductible, whether petitioners must                
          reduce the deductible amounts pursuant to the “partial day” rule            
          and section 274(n).                                                         
                                       OPINION                                        
               Petitioner argues his M&IE are deductible because they were            
          incurred while he was traveling away from home on business trips            
          requiring sleep or rest.7                                                   
               Section 262 provides that a taxpayer generally cannot deduct           
          personal, living, or family expenses.  However, section 162(a)(2)           
          allows taxpayers to deduct traveling expenses paid or incurred              
          while away from home in the pursuit of a trade or business.                 
          Traveling expenses include travel fares, meals, lodging, and                
          other expenses incident to travel.  Sec. 1.162-2, Income Tax                
          Regs.  For purposes of section 162, the term “home” generally               
          means the taxpayer’s principal place of employment and not where            
          his or her personal residence is located.  Mitchell v.                      
          Commissioner, 74 T.C. 578, 581 (1980).                                      






               7 We decide the issues in this case, including whether                 
          petitioner was “away from home” for purposes of sec. 162(a), on             
          the basis of the evidence in the record without regard to the               
          burden of proof.  Accordingly, we need not and do not decide                
          whether the burden-shifting rule of sec. 7491(a)(1) applies.  See           
          Higbee v. Commissioner, 116 T.C. 438 (2001).                                




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