Daniel P. and Glenna J. Marple - Page 17




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              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.                                            






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