Marc G. Bissonnette and Lillian I. Cone - Page 15

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          75-170, 1975-1 C.B. 60.  However, the released time must be of a            
          sufficient duration that it would ordinarily be related to a                
          significant increase in expenses.  See United States v. Correll,            
          supra.                                                                      
          B.   Peak Travel Season                                                     
               Respondent argues that petitioners are not entitled to a               
          deduction for the expenses incurred in the brief layovers during            
          peak travel season because the layovers were insufficient in                
          duration to require sleep or rest.  In 2001 and 2002, during                
          peak-season, petitioner’s layovers in Victoria and Friday Harbor            
          never exceeded an hour, and he did not produce evidence showing             
          he rested during that time.  Petitioner also did not show he                
          rested during the 5-hour layover in Friday Harbor during peak-              
          season in 2003.  Instead, petitioner testified that during this             
          layover he was operating the ferryboat.  Even though petitioner             
          testified he did sleep or rest while another captain took command           
          of the ferryboat, he did not produce evidence showing the rest              
          period was part of a layover (released time) or was of sufficient           
          duration that it caused him to incur a significant increase in              
          expenses.                                                                   
               As to the peak-season runs, petitioner’s case is                       
          indistinguishable from Barry v. Commissioner, supra.  Therefore,            
          the Court finds petitioner was not away from home within the                







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