Estate of David B. Lease, Deceased, Kathy A. Lease, Administratrix, and Kathy A. Lease - Page 5




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          which were largely for meals.  In the notice of deficiency,                 
          respondent disallowed both deductions.                                      
                                    Discussion3                                       
               Mr. and Mrs. Lease deducted the expense of Mr. Lease’s trips           
          between his residence and various worksites, contending that the            
          employment was temporary.  Respondent contends that Mr. Lease’s             
          work outside of the area of his residence was a permanent                   
          situation and that he made the personal (nonbusiness) choice to             
          drive to and from work rather than to move.  In effect,                     
          respondent’s argument is that Mr. Lease’s tax home was where he             
          normally worked and that his trips constituted commuting.                   
               Section 162 allows a deduction for ordinary and necessary              
          expenses paid or incurred in carrying on a trade or business.               
          Conversely, section 262 provides that no deduction is allowed for           
          personal, living, or family expenses.  Generally, the cost of               
          commuting to and from work is a nondeductible personal expense.             
          Commissioner v. Flowers, 326 U.S. 465, 473-474 (1946); sec.                 
          1.162-2(e), Income Tax Regs.                                                
               Traveling expenses include meals and lodging while away from           
          home.  Sec. 162(a)(2).  To deduct such expenses a taxpayer must             
          show:  (1) The expenses are reasonable and necessary; (2) they              
          were incurred while away from home; and (3) they were incurred in           



               3 No questions were raised concerning the burden of proof.             






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