Gregory S. Robinette - Page 11

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          taxpayer does not have a principal place of employment, his                 
          permanent residence is his tax home for purposes of section                 
          162(a)(2).  Johnson v. Commissioner, 115 T.C. 210, 221 (2000).              
               A place of business is temporary if the employment is such             
          that termination within a short period could be foreseen.                   
          Mitchell v. Commissioner, 74 T.C. 578, 581 (1980); see Michaels             
          v. Commissioner, 53 T.C. 269 (1969).  Conversely, employment is             
          indefinite if termination could not be foreseen within a                    
          “reasonably short period”.  Stricker v. Commissioner, 54 T.C.               
          355, 361 (1970), affd. 438 F.2d 1216 (6th Cir. 1971).  Whether              
          employment is temporary or indefinite is a question of fact.                
          Peurifoy v. Commissioner, supra at 60-61.                                   
               In the present case, petitioner’s expenses were incurred in            
          traveling from Cumberland, Maryland, to Pennausken, New Jersey,             
          and in staying overnight in Pennausken.  Petitioner began working           
          out of Sprint’s Pennausken office in 2001.  Sprint considered               
          Pennausken petitioner’s home office and only reimbursed                     
          petitioner for expenses while away from Pennausken.  Petitioner             
          testified that his choice to live in Cumberland, Maryland, and to           
          make the approximate 480 mile round trip to Pennausken was a                
          personal choice.                                                            
               It is clear from the record that Pennausken, New Jersey, was           
          not a temporary place of business for petitioner.  Therefore, we            
          conclude that Pennausken, New Jersey, was petitioner’s “tax home”           






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