- 15 - his personal residence in Nebraska, should be considered petitioner’s tax home. However, as we explained in Johnson v. Commissioner, supra, because petitioner was employed by various employers in various locations, he had no principal place of business, and his personal residence is his tax home. See Johnson v. Commissioner, supra at 221-224. Thus, petitioner’s travel between his personal residence and his union halls and various places of employment is business-related travel away from home. In respondent’s reply brief, respondent argues that, because petitioner received unemployment compensation from the State of New York and did not testify explicitly that he resided in Nebraska during 2002, petitioners have not established that Nebraska was their permanent residence and tax home. Such an argument is inconsistent with arguments in respondent’s opening brief that assume that Nebraska was petitioner’s home and permanent residence. Respondent never questioned petitioner at trial about where he resided in 2002 or about his receipt of unemployment compensation from the State of New York. The parties stipulated that petitioners resided in Nebraska at the time they filed their petition. Petitioner’s permanent residence was not an issue presented before or during trial, and the argument that Nebraska was not petitioner’s permanent residence was first made in respondent’s reply brief. Until respondent’sPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008