Michael L. and Ann Burski - Page 11




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          of the taxpayer’s work becomes his or her tax home.  Chimento v.            
          Commissioner, 52 T.C. 1067, 1073 (1969), affd. 438 F.2d 643 (3d             
          Cir. 1971); Kroll v. Commissioner, supra at 562.  The taxpayer              
          will not be treated as being temporarily away from home during              
          any period of work if such period lasts more than 1 year.  Sec.             
          162(a).                                                                     
               It is presumed that a taxpayer will generally choose to live           
          near his or her principal place of business.  See Frederick v.              
          United States, 603 F.2d 1292, 1295 (8th Cir. 1979).  The purpose            
          of the deduction for expenses incurred away from home is to                 
          alleviate the burden on the taxpayer whose business needs require           
          him or her to maintain two homes and therefore incur duplicate              
          living expenses.  Kroll v. Commissioner, supra at 562.  Where the           
          taxpayer maintains two residences for his own convenience,                  
          however, such cost would be considered personal and not                     
          deductible.  Sec. 262; Commissioner v. Flowers, supra at 474.               
               The requirement that the travel expense be incurred in the             
          pursuit of a trade or business means that the “exigencies of                
          business rather than the personal conveniences and necessities of           
          the traveler must be the motivating factors.”  Commissioner v.              
          Flowers, supra at 474.  Thus, the taxpayer must have some                   
          business justification to maintain the first residence, beyond              
          purely personal reasons, to be entitled to deduct expenses                  
          incurred while temporarily away from that home.  Id.  Where a               







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