-2- other court, and this opinion shall not be treated as precedent for any other case. The trial was conducted by Special Trial Judge Carleton D. Powell, who died after the case was submitted. The parties have declined the opportunity for a new trial or for supplementation of the record and have expressly consented to the reassignment of the case for opinion and decision. Respondent determined deficiencies in petitioners’ Federal income taxes of $10,755 for 2001 and $5,546 for 2002. Following concessions,2 we must decide whether petitioners may deduct travel expenses under section 162(a)(2).3 This requires that we decide whether Michael L. Burski (petitioner) was “away from home” when he incurred the expenses. Background Some of the facts have been stipulated, and they are so found. We incorporate by reference the parties’ stipulation of facts and accompanying exhibits. 2Respondent concedes that, for the taxable years 2001 and 2002, Michael L. Burski (petitioner) was an independent contractor. Petitioner concedes that income he received from the Institute for Defense Analyses is included in gross receipts reported on Schedule C, Profit or Loss From Business (Sole Proprietorship), and that his Schedule C income is subject to self-employment tax. Petitioners concede that they had additional capital gain of $5,000 and dividends of $83 in 2002. 3The only other issues remaining are computational.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008