David A. and Rebecca Rose Wilbert - Page 10




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               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. Wilbert would have liked to return            
          to the Minneapolis area to work for NWA, Mr. Wilbert did not know           
          when such a return would be possible due to the seniority system.           
          The likelihood of Mr. Wilbert’s return to a position in                     
          Minneapolis depended on NWA’s needs for mechanics there as well             
          as the choices of more senior mechanics.  Mr. Wilbert did not               
          know how long he would be in Chicago, Anchorage, Flushing, or               
          where he might go next.  It was not foreseeable that he would be            
          able to return to Minneapolis at any time due to the seniority              
          system.  Thus, we conclude there was no business reason for                 
          petitioners to maintain a home in the Minneapolis area.                     
          Petitioners kept the family residence in the Minneapolis area for           
          purely personal reasons.  Petitioners have failed to prove that             
          Mr. Wilbert had a tax home in 2003.  Accordingly, Mr. Wilbert was           
          not away from home in Chicago, Anchorage, and Flushing, and the             
          expenses he incurred while there are not deductible.6                       


               6Even if we had found that Mr. Wilbert’s tax home during               
          2003 was Hudson, Wisconsin, Mr. Wilbert may not be treated as               
          temporarily away from home while he worked in Anchorage because             
          the position lasted over a year.  See sec. 162(a).                          






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