Daniel P. and Glenna J. Marple - Page 19




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         miles from the taxpayer's home within the metropolitan area that             
         was the taxpayer's principal or regular place of employment).                
         Ellwein v. United States, 635 F. Supp. 1453 (D.N.D. 1986) (work              
         sites at distances of 39 miles and 45 miles within the work area             
         of the taxpayer's home), on remand from Ellwein v. United States,            
         supra.  The extra 19 miles that Mr. Marple calculated he drove               
         each day on his way to the Mount Storm job site were attributable            
         to his choice to buy breakfast and gas at the Sheetz gas station             
         in Keyser.  Mr. Marple admitted that this particular Sheetz was              
         not the only gas station available to him, and he further                    
         admitted that he drove out of his way to go to this Sheetz each              
         morning because he liked the food and the price of gas at that               
         station.  Mr. Marple’s decision to drive the extra 19 miles each             
         morning was thus motivated primarily by personal considerations,             
         rather than by any requirement of his employer.  See Henry v.                
         Commissioner, 36 T.C. 879, 884 (1961); Sutter v. Commissioner, 21            
         T.C. at 173-174.  We find that the Mount Storm job site was not              
         outside the metropolitan area where Mr. Marple lived and normally            
         worked.  Accordingly, we conclude that petitioners are not                   
         entitled to deduct business mileage under section 162 in excess              
         of the 3,304 miles conceded by respondent.                                   
              2.   Meal Expenses                                                      
              Expenses paid or incurred for a taxpayer’s daily meals are              
         generally nondeductible under section 262 as personal, living, or            







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