Legal Opinion

Tucker v. Commissioner

United States Tax Court

Decided February 23, 1971No. Docket No. 4881-69Published

The petitioner found no suitable employment in the vicinity of his family residence, so he accepted positions in other localities, but did not change his residence. He had no business ties to the area of his residence. No travel was required in the course of his work. Held, his duplicate living expenses were incurred because of his personal choice of a place of residence rather than because of the demands of his trade or business, and therefore are nondeductible.

1Opinion of the Court

Truman C. Tucker and Birdie Jo Tucker, Petitioners v. Commissioner of Internal Revenue, Respondent

Tucker v. Commissioner

Docket No. 4881-69

United States Tax Court

55 T.C. 783; 1971 U.S. Tax Ct. LEXIS 182;

February 23, 1971, Filed

Decision will be entered for the respondent.

The petitioner found no suitable employment in the vicinity of his family residence, so he accepted positions in other localities, but did not change his residence. He had no business ties to the area of his residence. No travel was required in the course of his work. Held, his duplicate living expenses were incurred because of…

Also in this document: Concurrence; Dissent.

2Cases cited28 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. Primuth v. CommissionerUnited States Tax Court · 1970
  5. Tucker v. CommissionerUnited States Tax Court · 1971

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