Manuel Ayala, Jr., and Carol A. Ayala - Page 6




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          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.                                                            






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