Marc G. Bissonnette and Lillian I. Cone - Page 11

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          A.   Section 162(a)(2) Sleep or Rest Rule                                   
               The standard used to determine whether a taxpayer is “away             
          from home” was developed through a series of cases including                
          Williams v. Patterson, 286 F.2d 333, 340 (5th Cir. 1961).  As               
          stated in Williams, as applied to a traveler whose work does not            
          require him to be “away from home” overnight, the standard is:              
                    If the nature of the taxpayer’s employment is such                
               that when away from home, during released time, it is                  
               reasonable for him to need and to obtain sleep or rest                 
               in order to meet the exigencies of his employment or                   
               the business demands of his employment, his                            
               expenditures (including incidental expenses, such as                   
               tips) for the purpose of obtaining sleep or rest are                   
               deductible traveling expenses under Section 162(a)(2)                  
               * * * .  [Id.]                                                         
          This standard is commonly referred to as the “sleep or rest                 
          rule”.                                                                      
               The facts of Williams assist in understanding the sleep or             
          rest rule articulated above.  In Williams, the taxpayer, a                  
          railroad engineer, worked a 16-hour day every other day.  On a              
          turnaround run between Montgomery, Alabama, his home terminal,              
          and Atlanta, Georgia, he had a 6-hour layover in Atlanta before             
          his return to Montgomery the same day.  Although the taxpayer was           
          not required by his employer to do so, during the layover period            
          he felt it was necessary to sleep and rest and rented a hotel               
          room.  At the hotel he had lunch and dinner as well as rested and           
          slept before resuming work.                                                 







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