- 19 - family expenses. See United States v. Correll, 389 U.S. 299 (1967); Barry v. Commissioner, 54 T.C. 1210, 1212 (1970), affd. per curiam 435 F.2d 1290 (1st Cir. 1970). This is so because a taxpayer’s expenses for his own meals would have been incurred whether or not the taxpayer had engaged in any business activity. Christey v. United States, 841 F.2d 809, 814 (8th Cir. 1988); Moss v. Commissioner, 80 T.C. 1073, 1078 (1983), affd. 758 F.2d 211 (7th Cir. 1985). Meal expenses may be deductible as traveling expenses under section 162(a)(2) if a taxpayer can prove that the meals were consumed while traveling away from home in the pursuit of a trade or business. To be considered “away from home” within the meaning of section 162(a)(2), a taxpayer must be on a trip that requires the taxpayer to stop for sleep or a substantial period of rest. United States v. Correll, supra; Strohmaier v. Commissioner, 113 T.C. 106, 115 (1999). During 2002, Mr. Marple did not stay overnight at either the Mount Storm job site location or the Eber job site location but instead returned in the evenings to petitioners’ residence in Burlington. There is no evidence that Mr. Marple’s daily round trips in 2002 between petitioners’ residence and the job site locations required Mr. Marple to stop for sleep or a substantial period of rest. See United States v. Correll, supra; Strohmaier v. Commissioner, supra at 115. We find that the meal expenses were not paid or incurred while Mr. Marple was away from homePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007