Marc G. Bissonnette and Lillian I. Cone - Page 14

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          Supreme Court in United States v. Correll, 389 U.S. 299 (1967),             
          observed that the rule contemplated a sleep or rest period of               
          sufficient duration that would ordinarily be related to a                   
          significant increase in expenses.  The Supreme Court acknowledged           
          the rule provided a definite, fair, and ascertainable standard.             
          Id. at 302-303.                                                             
               The Tax Court in Barry v. Commissioner, 54 T.C. 1210 (1970),           
          affd. 435 F.2d 1290 (1st Cir. 1970), indicated that the rest                
          period contemplated by the sleep or rest rule is of the type                
          illustrated by Williams and normally involves a rest of                     
          sufficient duration to cause an increase in expenses.  A brief              
          rest period which “anyone can, at any time, without special                 
          arrangement and without special expense, take in his own                    
          automobile or office” does not qualify.  Id. at 1213.  The Court            
          in Barry disallowed expenses for meals claimed by a taxpayer on             
          1-day business trips that lasted between 16 and 19 hours during             
          which the taxpayer rested briefly once or twice in his                      
          automobile.                                                                 
               If the nature of petitioner’s employment was such that when            
          away from home, during released time, it was reasonable for him             
          to need and to obtain sleep or rest in order to meet the                    
          exigencies or business demands of his employment, his expenses              
          for this purpose would be traveling expenses under section                  
          162(a)(2).  See Williams v. Patterson, supra at 340; Rev. Rul.              




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