David A. and Rebecca Rose Wilbert - 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. Wilbert 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 no longer required Mr. Wilbert to perform            
          any services whatsoever in the Minneapolis area once he was                 
          bumped.  Although Mrs. Wilbert remained in the family residence             
          with occasional visits from Mr. Wilbert while Mr. Wilbert worked            
          in Chicago, Anchorage, and Flushing, this fact alone does not               
          dictate that Mr. Wilbert’s tax home was in Hudson, Wisconsin,               
          where the family residence was located.  Unlike traveling                   
          salepersons who may be required to return to the home city                  
          occasionally between business trips, Mr. Wilbert’s business ties            
          to Minneapolis ceased when he was bumped.5                                  


               5Petitioners argue in their reply brief that Mr. Wilbert’s             
          real estate business in 2003 was operated from the Minneapolis              
          area and he therefore had a position to return to in the                    
          Minneapolis area.  Mr. Wilbert acknowledged at trial, however,              
          that he did not report any income from this activity in 2003.  We           
          find that Mr. Wilbert’s principal employment in 2003 was with               
          NWA.  We assume that, if it were feasible for Mr. Wilbert to                
          concentrate solely on real estate activities, he would have                 
          accepted a layoff and returned to the Minneapolis area to pursue            
          the real estate activity full-time.  Mr. Wilbert did not do this,           
          however.  Instead, he continued to travel around the country to             
          keep his job with NWA.  Mr. Wilbert’s real estate activities are            
          thus not a significant factor in our analysis of Mr. Wilbert’s              
          tax home.                                                                   






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