Marc G. Bissonnette and Lillian I. Cone - Page 17

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          workday lasted on average 15 to 17 hours including a 6- to 7-hour           
          layover in Victoria during off-peak season.  He was responsible             
          for his crew and the safety of up to 1,200 passengers during all            
          voyages.  Because of possible extreme weather conditions, high              
          sea levels, log tows, and other obstacles in the ocean,                     
          petitioner as captain had to give his full attention at all                 
          times, and any trouble or incident on the ferryboat was his                 
          responsibility.  Petitioner also needed to consider that his                
          workday could be significantly lengthened on account of any of              
          the above situations.  As a result, petitioner’s job was very               
          demanding.                                                                  
               Considering the facts, this Court finds it was reasonable              
          for petitioner to obtain sleep or rest in order to meet the                 
          exigencies and business demands of his employment.  See Williams            
          v. Patterson, 286 F.2d at 339-340.  Further, the released time of           
          6 to 7 hours during the Victoria voyage was sufficient in                   
          duration that it would normally be related to an increase in                
          expenses.10   Accordingly, petitioner was “away from home” for              
          purposes of section 162(a)(2).11                                            


               10 Petitioner would have incurred significant out-of-pocket            
          lodging expenses during his layover but for the fact that he was            
          furnished with a place to sleep.  See Johnson v. Commissioner,              
          115 T.C. at 222; Anderson v. Commissioner, 18 T.C. 649, 652                 
          (1952).                                                                     
               11 Petitioner must deduct his allowable M&IE as itemized               
          deductions for the years at issue.  See sec. 67; Rev. Proc. 2000-           
          39, sec. 7.06, 2000-2 C.B. at 346; Rev. Proc. 2001-47, sec. 7.06,           
                                                             (continued...)           




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