- 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