- 5 - to live there without interruption of services or imposition of property-tax liens. Petitioners and respondent primarily disagree on whether the house in Vallejo, California, is petitioners’ “tax home” and consequently, whether petitioners’ expenses incurred while working onsite for Sheehan are deductible under section 162(a)(2) as expenses incurred in pursuit of a trade or business while away from home. Discussion4 A. Section 162(a)(2) Generally, outlays for food and shelter are considered personal expenses and are not deductible. Sec. 262. However, section 162(a)(2) allows a deduction for traveling expenses, including amounts expended for meals and lodging, if the expenses are: (1) Ordinary and necessary, (2) incurred while “away from home”, and (3) incurred in pursuit of a trade or business. See Bochner v. Commissioner, 67 T.C. 824, 827 (1977). Respondent contends that petitioners were not “away from home” when they incurred the expenses, and thus that petitioners do not satisfy 4 Given the manner in which these issues were presented to the Court, we make our decision as to both the deficiencies and additions to tax without regard to the various burdens of proof under sec. 7491.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007