Stanley A. and Connie A. Wasik - Page 6




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          shoes, supplies, uniform cleaning, financial publications,                  
          cellular telephone, and equipment.                                          
               Petitioners timely filed a petition.                                   
                                       OPINION                                        
               The parties resolved many of the disputed expenses before              
          trial.  We are asked to determine whether petitioners are                   
          entitled to deduct the remaining expenses.  We begin by                     
          considering whether Mr. Wasik was away from home when he incurred           
          expenses for his vehicle, meals, and lodging in Milwaukee and his           
          vehicle expenses he incurred when attending training in Duluth.             
          Travel Expenses While Away From Home                                        
               We begin by briefly outlining the rules for deducting travel           
          expenses.  A taxpayer may deduct reasonable and necessary travel            
          expenses such as those for vehicles, meals, and lodging incurred            
          while away from home in the pursuit of a trade or business.                 
          Secs. 162(a)(2), 262(a).4  A taxpayer must show that he or she              
          was away from home when he or she incurred the expense, that the            
          expense is reasonable and necessary, and that the expense was               
          incurred in pursuit of a trade or business.  Commissioner v.                
          Flowers, 326 U.S. 465, 470 (1946).  The determination of whether            
          the taxpayer has satisfied these requirements is a question of              
          fact.  Id.                                                                  


               4All section references are to the Internal Revenue Code in            
          effect for 2003, and all Rule references are to the Tax Court               
          Rules of Practice and Procedure, unless otherwise indicated.                





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