- 12 - calculated petitioner’s deemed substantiated incidental expenses using the incidental expense portion of applicable M&IE rates based on petitioner’s substantiated work locations for January through September 2002 and a fixed per diem rate of $2 for incidental expenses for October through December 2002. We sustain respondent’s calculations regarding petitioner’s deemed substantiated incidental expenses for 2002. Travel to Union Halls Section 162 generally allows a taxpayer to deduct “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”, including travel expenses while the taxpayer is “away from home in the pursuit of a trade or business”. Sec. 162(a)(2). A taxpayer’s “home”, for purposes of section 162(a)(2), is generally considered as the vicinity of his principal place of employment rather than his personal residence. Mitchell v. Commissioner, 74 T.C. 578, 581 (1980); Daly v. Commissioner, 72 T.C. 190 (1979), affd. 662 F.2d 253 (4th Cir. 1981). Accordingly, expenses incurred in commuting from a taxpayer’s personal residence to a taxpayer’s business or place of employment are generally nondeductible personal expenses. Gilberg v. Commissioner, 55 T.C. 611, 616-617 (1971); sec. 1.262-1(b)(5), Income Tax Regs. Where a taxpayer does not have a permanent place of business, but rather is employed temporarily by various employers at differentPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: March 27, 2008