Daniel P. and Glenna J. Marple - Page 18




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         Rul. 99-7, supra, by reference to its ordinary and common                    
         meaning.  In Webster’s Third New International Dictionary (1993),            
         the word “metropolitan” is defined as “of, relating to, or                   
         constituting a region including a city and the densely populated             
         surrounding areas that are socially and economically integrated              
         with it”.  In the instant case, Mr. Marple resided in Burlington,            
         and he reported to and received work referrals from Local 100’s              
         Cumberland office, which was located approximately 23 miles from             
         his residence.  He primarily worked jobs in West Virginia and                
         Maryland, several of which were within his home area of                      
         Burlington and its environs.  Mr. Marple considered himself “out             
         of town” for purposes of deducting business mileage at 45 to 50              
         miles from his residence in Burlington.  We take this to mean                
         that Mr. Marple considered the area within a 45- to 50-mile                  
         radius of Burlington to be his metropolitan area.  No evidence               
         was presented to convince the Court that this area should be                 
         expanded or diminished, and we find that Mr. Marple properly                 
         regarded this area to be the metropolitan area where he lived and            
         normally worked.  We further find, however, that the Mount Storm             
         job site was not outside this area.  The distance between Mr.                
         Marple’s residence in Burlington and the Mount Storm job site,               
         via the most direct route, was 32 miles, and thus the job site               
         was not distant from his residence.  See Harris v. Commissioner,             
         supra (work sites requiring round trips of 134, 162, and 100                 







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