- 18 - 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, orPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007