-10- employee does significant work for the employer or the employer conducts a significant portion of its business at the living quarters. See Johnson v. Commissioner, supra. For example, housing located 12 miles from the employee’s worksite on the trans-Alaska pipeline was not integral to the employer’s business where the employee only prepared some daily inspection reports at home. Id. Also, proximity is not the standard. Living quarters as close as a mile from the worksite are not integral to the employer’s business even if the employee is periodically on call to perform work for the employer unless the employee performs significant work for the employer at the living quarters. See Dole v. Commissioner, supra. The homes where petitioners and their families lived in Alice Springs were 22 miles from the defense facility. The housing was in a separate town on a public road in the same areas where nonbase employees lived. No TRW activities occurred at the housing petitioners occupied in Alice Springs. No petitioner performed any work for TRW at his or her home in Alice Springs. Accordingly, the housing in Alice Springs was not an integral part of TRW’s business and having petitioners occupy those particular homes served no important TRW business functions. We conclude that the living quarters TRW provided petitioners were not integral to TRW’s business. The living quarters therefore do not qualify for the exclusion under section 119, and petitioners are not entitled to exclude the costs of their lodging from their income for the relevant years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011