1. Robert worked in Wilmington, Delaware; his wife, Margaret, worked in New York City. During the weekend, she traveled to Wilmington and deducted, as travel expenses away from home, her living costs in New York and weekend travel expenses to Wilmington. She argued that because she and her husband filed a joint return, they were a single taxable unit, and the tax home of this unit was Wilmington where her husband lived. The deduction was disallowed. That a couple can file a joint return does not give them deductions that are not otherwise available to them as individuals. Margaret’s tax home was New York, where she worked. Therefore, her expenses there are not deductible. And, as the weekend trips to Wilmington had no relationship to her job, they, too, were not deductible.
2. Hundt and his wife lived in Arlington, Va., but he wrote and directed films in various parts of the country. He wrote screenplays either at his Arlington home or on location, but most of his business came from New York City, where he lived in hotels. One year, he spent 175 days in New York City on business and rented an apartment for $1,200 because it was cheaper than a hotel. He deducted half the annual rent for the New York apartment, the costs of traveling between Arlington and New York, and the cost of meals in New York. The IRS disallowed the expenses, finding New York to be his tax home. The Tax Court disagreed. Arlington was Hundt’s tax home because (1) part of his income came from his creative writing in Arlington; and (2) his travel to other parts of the country was temporary. The fact that most of his income came from New York did not make New York his tax home.