- 12 - The Court of Appeals for the Fifth Circuit concluded that on account of the length of the taxpayer’s workday (16 hours),8 the duration of his layover (6 hours), and the responsibility of his position, it was necessary for the taxpayer to rest during his layover in order to carry out his assignment, even though no statute, regulation, or railroad rule required him to sleep or rest before his return trip. Id. at 337, 339. Furthermore, the court reasoned that the phrase “away from home” does not require a person to actually be away overnight. The court held that the costs of meals, lodging, and tips during the 6-hour layover were deductible. Id. at 335, 340. Shortly after Williams was decided, the Commissioner issued Rev. Rul. 61-221, 1961-2 C.B. 34, which announced his concurrence with the sleep or rest rule as interpreted in Williams.9 The 8 Although the length of a workday is considered in determining whether a taxpayer actually needed sleep or rest, the “Revenue Act does not necessarily require as a prerequisite to a deduction for traveling expenses on less than an overnight trip that the employee work substantially longer than an ordinary workday”. Williams v. Patterson, 286 F.2d 333, 339 (5th Cir. 1961). 9 The pertinent part of Rev. Rul. 61-221, 1961-2 C.B. 34, states: The Internal Revenue Service will follow the recent decision of the United States Court of Appeals for the Fifth Circuit in F. M. Williams v. George D. Patterson, 286 Fed. (2d) 333 (1961). * * * * * * * The Service had contended that the taxpayer was not away from home on such trips because they were not (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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