Stanley A. and Connie A. Wasik - Page 9




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          499 (9th Cir. 1998), affg. T.C. Memo. 1995-559; Deamer v.                   
          Commissioner, supra; Hantzis v. Commissioner, supra.  In that               
          situation, the expenses incurred while temporarily away from that           
          residence are not deductible.  Hantzis v. Commissioner, supra;              
          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.                                          
               We now consider whether Mr. Wasik was away from home when he           
          was bumped from Minneapolis and took a position in Milwaukee.               
          Once Mr. Wasik 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 different cities to            
          continue working.  NWA gave Mr. Wasik no end date for his                   
          position in Milwaukee.  NWA no longer required Mr. Wasik to                 
          perform any services whatsoever in the Minneapolis area once he             
          was bumped.  Mr. Wasik introduced evidence that he searched for             
          work in the Minneapolis area but was unsuccessful.  Although Mrs.           
          Wasik and the family remained in the family residence with                  
          occasional visits from Mr. Wasik while Mr. Wasik worked in                  
          Milwaukee, this fact alone does not dictate that Mr. Wasik’s tax            
          home was in Prior Lake, Minnesota, where the family residence was           
          located.  Unlike traveling salespersons who may be required to              
          return to the home city occasionally between business trips, Mr.            








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