- 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011