Raymond J. and Maria V. Zbylut - Page 12




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          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 different            







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