William D. and Betty J. Boyd - Page 7

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          Weidekamp v. Commissioner, 29 T.C. 16, 21 (1957).  Where the                
          taxpayer has neither a principal place of business nor a                    
          permanent residence, he has no tax home from which he can be                
          away.  His home is wherever he happens to be.  Brandl v.                    
          Commissioner, 513 F.2d 697, 699 (6th Cir. 1975), affg. T.C. Memo.           
          1974-160; Rosenspan v. United States, 438 F.2d 905, 912 (2d Cir.            
          1971); James v. United States, 308 F.2d 204 (9th Cir. 1962).                
               While the subjective intent of the taxpayer is to be                   
          considered in determining whether he has a tax home, for purposes           
          of section 162(a)(2), this Court and others consistently have               
          focused more on objective financial criteria.  The section is               
          intended to mitigate the burden of a taxpayer who, because of the           
          travel requirements of his trade or business, must maintain two             
          places of abode and, therefore, incur additional living expenses.           
          Brandl v. Commissioner, supra; Kroll v. Commissioner, supra.                
          Section 162(a)(2) provides relief to a taxpayer who incurs                  
          “substantial continuing expenses” of a home which are duplicated            
          by business travel away from home on a temporary basis by                   
          allowing a deduction for the expenses of such travel.  A taxpayer           
          has a “home” for this purpose only when it appears he has                   
          incurred substantial continued living expenses at the permanent             
          place of residence.  James v. United States, supra at 207-208.              
               Whether petitioners had a tax home is a factual question and           
          is easily resolved in this case by the fact that petitioners made           






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