- 15 - tions but instead returned in the evenings to petitioners’ resi- dence in Keyser. Petitioners do not contend, and the record does not establish, that during 2002 Mr. Shoemaker’s daily roundtrips between petitioners’ residence and his claimed job site locations required him to stop for sleep or a substantial period of rest. See United States v. Correll, 389 U.S. 299 (1967); Strohmaier v. Commissioner, 113 T.C. at 115. On the instant record, we find that petitioners have failed to carry their burden of establishing that during 2002 the ex- penses relating to Mr. Shoemaker’s use of petitioners’ automobile that petitioners claim he incurred while traveling from petition- ers’ residence to his claimed job site locations were incurred while he was away from home within the meaning of section 162(a)(2). Although petitioners have failed to establish that the expenses at issue relating to Mr. Shoemaker’s use of petitioners’ automobile were incurred while he was away from home within the meaning of section 162(a)(2), as discussed above, petitioners may nonetheless be entitled to deduct such expenses under section 162(a) if they were incurred for business, and not personal, reasons. Petitioners concede that during 2002, and at all other relevant times, they resided in Keyser solely for personal, and not business, reasons. Petitioners do not contend, and the record does not establish, that during 2002 Mr. Shoemaker workedPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011