- 16 - The term “metropolitan area”, for purposes of deducting daily transportation expenses under the exception found in Rev. Rul. 99-7, supra, is not defined in that revenue ruling or the prior revenue rulings on the subject.12 Courts that have addressed the issue have generally looked at whether the work site in question was within the general area of the taxpayer’s principal or regular place of employment, see Harris v. Commissioner, supra (for transportation expenses to be deductible, the taxpayer must prove that temporary work sites are outside the general area of the taxpayer’s principal or regular place of employment); see also Aldea v. Commissioner, T.C. Memo. 2000-136; Carter v. Commissioner, T.C. Memo. 1988-189, as well as the distance between the work site and the taxpayer’s residence, see Ellwein v. United States, 778 F.2d 506, 511-512 (8th Cir. 1985) (daily transportation costs deductible only if the temporary employment is outside the area of the taxpayer’s regular abode); Dahood v. United States, 747 F.2d 46, 48 (1st Cir. 1984); Boehmer v. Commissioner, T.C. Memo. 1986-315. With this background in mind, we believe it is appropriate to interpret “metropolitan area”, as that term is used in Rev. 11(...continued) regular place of employment. We thus found, without deciding whether the jobs were temporary, that the taxpayer was not entitled to deduct the transportation expenses at issue. 12 Rev. Rul. 94-47, 1994-2 C.B. 18; Rev. Rul. 90-23, 1990- 1 C.B. 28; Rev. Rul. 190, supra.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007