Daniel P. and Glenna J. Marple - Page 20




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         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 home                







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