Legal Opinion

Abbott v. Commissioner

United States Tax Court

Decided August 12, 1981No. Docket No. 5200-80Unpublished

Held, petitioner was not "away from home" within the meaning of section 162(a)(2), I.R.C. 1954, and, therefore, expenses incurred for mileage, meals, and lodging with respect to his employment are nondeductible. Held further, petitioner is not entitled to a depreciation deduction or an investment tax credit with respect to a travel trailer he used for lodging.

1Opinion of the Court

RONNIE R. ABBOTT and WILMA ABBOTT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Abbott v. Commissioner

Docket No. 5200-80.

United States Tax Court

T.C. Memo 1981-424; 1981 Tax Ct. Memo LEXIS 317; 42 T.C.M. (CCH) 646; T.C.M. (RIA) 81424;

August 12, 1981.

Held, petitioner was not "away from home" within the meaning of section 162(a)(2), I.R.C. 1954, and, therefore, expenses incurred for mileage, meals, and lodging with respect to his employment are nondeductible. Held further, petitioner is not entitled to a depreciation deduction or an investment tax credit with respect to a travel…

2Cases cited15 opinions

  1. Commissioner v. FlowersSupreme Court of the United States · 1946
  2. Peurifoy v. CommissionerSupreme Court of the United States · 1958
  3. Kroll v. CommissionerUnited States Tax Court · 1968
  4. Commissioner of Internal Revenue v. James E. Peurifoy, Paul v. Stines and Betty O. Stines, John S. Hall and Doris D. HallCourt of Appeals for the Fourth Circuit · 1958
  5. Mitchell v. CommissionerUnited States Tax Court · 1980

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