Sean M. and Julie M. Riley - Page 9




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          Bochner v. Commissioner, supra; Tucker v. Commissioner, supra;              
          see McNeill v. Commissioner, T.C. Memo. 2003-65; Aldea v.                   
          Commissioner, T.C. Memo. 2000-136.                                          
               Once Mr. Riley was bumped from Minneapolis, he had no job to           
          return to there.  His choices were to be laid off and have no               
          work, or to bump other employees and move to a different city to            
          continue working.  NWA gave Mr. Riley no end date for his                   
          position in Newark.  NWA no longer required Mr. Riley to perform            
          any services whatsoever in Minneapolis once he was bumped.                  
          Although Mrs. Riley remained in the family residence in the                 
          Minneapolis area with visits from Mr. Riley while he worked in              
          Newark, this fact alone does not dictate that Mr. Riley’s tax               
          home was in Prescott, Wisconsin, where the family residence was             
          located.  Unlike traveling salespersons who may be required to              
          return to the home city occasionally between business trips, Mr.            
          Riley’s business ties to Minneapolis ceased when he was bumped.             
               The Court understands that the NWA mechanics’ lives were               
          unsettled and disrupted.  Mechanics did not know how long they              
          would have a job in one specific location.  They only knew the              
          system was based on seniority.  They could bump less senior                 
          employees, and they could be bumped by more senior employees.               
          While we acknowledge that Mr. Riley would have liked to return to           
          the Minneapolis area, Mr. Riley did not know when such a return             
          would be possible due to the NWA seniority system.  The                     







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