Manuel Ayala, Jr., and Carol A. Ayala - Page 7




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          the second factor for deductibility of the expenses claimed on              
          their returns for the years in issue.5                                      
               As a general rule, a taxpayer’s principal place of                     
          employment is the taxpayer’s “tax home”.  Kroll v. Commissioner,            
          49 T.C. 557, 561-562 (1968).  An employee without a principal               
          place of business may treat a permanent place of residence at               
          which the employee incurs substantial continuing living expenses            
          as his or her tax home.  Weidekamp v. Commissioner, 29 T.C. 16,             
          21 (1957).  Where “the taxpayer has neither a principal place of            
          business nor a permanent residence, he has no tax home from which           
          he can be away.  His home is wherever he happens to be.”  Barone            
          v. Commissioner, 85 T.C. 462, 465 (1985), affd. without published           
          opinion 807 F.2d 177 (9th Cir. 1986).                                       
               Although the subjective intent of a taxpayer is to be                  
          considered in determining whether the taxpayer has a tax home,              
          for purposes of section 162(a)(2), this Court and others have               
          consistently focused more on objective criteria.  Section                   
          162(a)(2) is intended to mitigate the burden of a taxpayer who,             
          because of the travel requirements of his or her trade or                   

               5  During the years in issue, only Mr. Ayala was employed by           
          Sheehan, so only his travel expenses are potentially deductible             
          as business expenses under sec. 162(a)(2).  However, given the              
          nature of the substantive issue presented by respondent’s                   
          deficiency determination and the manner in which we decide that             
          issue, we need not consider any allocation of expense between Mr.           
          and Mrs. Ayala.  Accordingly, for convenience, our discussion is            
          generally cast in terms of petitioners’ tax home rather than just           
          Mr. Ayala’s.                                                                






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