Gregory S. Robinette - Page 10

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               The performance of services as an employee constitutes a               
          trade or business.  See sec. 1.162-17(a), Income Tax Regs.  The             
          employee must show the relationship between the expenditures and            
          the employment.  See Evans v. Commissioner, T.C. Memo. 1974-267,            
          affd. in part, revd. in part 557 F.2d 1095 (5th Cir. 1977).  The            
          taxpayer bears the burden of substantiation.  Hradesky v.                   
          Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d              
          821 (5th Cir. 1976).                                                        
               Further, section 162(a)(2) generally permits a deduction for           
          traveling expenses incurred while away from home in the pursuit             
          of a trade or business.  Bochner v. Commissioner, 67 T.C. 824,              
          827 (1977).                                                                 
               This Court has generally defined the word “home” as used in            
          section 162(a)(2) to refer to the vicinity of a taxpayer’s                  
          principal place of employment and not to the place where the                
          taxpayer’s personal residence is located, if that personal                  
          residence is different from the principal place of employment.              
          Daly v. Commissioner, 72 T.C. 190, 195 (1979), affd. 662 F.2d 253           
          (4th Cir. 1981); Kroll v. Commissioner, 49 T.C. 557, 561-562                
          (1968).  An exception is made if the taxpayer’s place of                    
          employment in another area is temporary as opposed to indefinite;           
          in that case the taxpayer’s personal residence may be his tax               
          home.  Peurifoy v. Commissioner, 358 U.S. 59, 60 (1958); Mitchell           
          v. Commissioner, T.C. Memo. 1999-283.  Additionally, if a                   






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