Raymond J. and Maria V. Zbylut - Page 15




                                        - 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’s             







Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next 

Last modified: March 27, 2008