- 17 - Claimed Meal Expenses In general, expenses paid or incurred for a taxpayer’s daily meals while the taxpayer is not away from home within the meaning of section 162(a)(2) are not deductible. See United States v. Correll, supra; Barry v. Commissioner, 54 T.C. 1210, 1214 (1970), affd. per curiam 435 F.2d 1290 (1st Cir. 1970). Petitioners concede, and we have found, that during 2002 Mr. Shoemaker did not stay overnight at his claimed job site loca- 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, supra; 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 meal expenses that petitioners claim Mr. Shoemaker incurred while traveling from petitioners’ residence to his claimed job site 15(...continued) of petitioners’ automobile for which they claim a deduction for 2002. On the record before us, we find that petitioners have failed to carry their burden of establishing all of the elements that they must prove in order to satisfy the requirements under sec. 274(d) applicable to the claimed expenses relating to Mr. Shoemaker’s use of petitioners’ automobile. See sec. 1.274- 5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).Page: 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