Daniel M. Gray - Page 13

                                       - 12 -                                         
          statements post the locations where he withdrew money or                    
          purchased items.                                                            
               On the basis of the record, the Court finds that petitioner            
          did not have a tax home in 2000.  Petitioner traveled nationwide            
          and had no principal place of employment.  While petitioner may             
          have believed that Sacramento was his home and made an effort to            
          return whenever possible, that belief is not sufficient to                  
          establish Sacramento as his tax home.                                       
               Petitioner did not have a legal or equitable interest in the           
          condo.  The letters dated 2002 show that petitioner was obligated           
          to pay rent to the Tiernans.  But, it is unclear what                       
          petitioner’s monthly rent was in 2000 or how much rent was                  
          actually paid during that year.  The check register shows that              
          petitioner paid to Mrs. Tiernan $2,000 by check No. 2057 dated              
          May 30, 2000, “for Condo”.  There are no other entries in the               
          check register that relate directly to a payment on the condo.              
          The record shows that petitioner traveled 268 days out of the               
          year or 73.42 percent.  Petitioner’s financial contribution of              
          $2,000 for the condo is minimal when compared to the $21,866.57             
          of living expenses that he incurred while traveling.  See                   
          Henderson v. Commissioner, supra.                                           
               Petitioner asserts that he returned to his condo after each            
          job because that was his “base” and that he, for the most part,             
          spent time in Sacramento between jobs.  The bank statements,                






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

Last modified: May 25, 2011