Daniel M. Gray - Page 12

                                       - 11 -                                         
          “carried his home on his back”, to have been an itinerant, and is           
          not entitled to the deduction because he was not “away from                 
          home”.  Wirth v. Commissioner, 61 T.C. 855, 859 (1974); Hicks v.            
          Commissioner, 47 T.C. 71, 74 (1966).  The purpose of the “away              
          from home” provision is to mitigate the burden of the taxpayer              
          who, because of exigencies of his trade or business, must                   
          maintain two places of abode and thereby incur additional and               
          duplicate living expenses.  Kroll v. Commissioner, 49 T.C. 557,             
          561-562 (1968); Hicks v. Commissioner, supra.  A taxpayer has a             
          “home” when he has incurred substantial continuing living                   
          expenses at a permanent place of residence.  James v. United                
          States, 308 F.2d 204, 208 (9th Cir. 1962); Wirth v. Commissioner,           
          supra.                                                                      
               Respondent argues that petitioner may not deduct the cost of           
          travel, meals, and lodging that petitioner paid during 2000,                
          because petitioner had no tax home.                                         
               Petitioner argues that in 2000, his tax home was in                    
          Sacramento, California.  Petitioner asserts that he owns the                
          condo, paid the utilities, returned to the condo between jobs,              
          and used the condo’s address to report his Federal taxes.  In               
          support, petitioner presented utility bills and bank statements.            
          Petitioner contends that the bank statements show that he was in            
          Sacramento during his periods of unemployment in 2000, since the            







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011