Marc G. Bissonnette and Lillian I. Cone - Page 12

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               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...)           




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