- 11 - 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.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