Facts
While Abdul moved to work in Delaware, California and Michigan, for a period of thirty months, his family remained in Atlanta. Therefore, Abdul had to incur expenses such as rent, transportation and food during the thirty month period that stayed away from Atlanta, working at Ford plants. According to Abdul, all the aforementioned expenses that he incurred during this period were related to the performance of his job, in the various Ford plants. After the closure of the Ford plant, Atlanta, Abdul got his subsequent jobs anew because of his union seniority. He was not sent to the various plants of Ford in Delaware, California and Michigan by Ford Company for a temporary work assignment. Abdul had stayed away from home for a period of thirty months, and decided to deduct all the expenses incurred in the course of the 30 month period.
Issues
Abdul deducted his rent, transportation and food expenses, incurred during the period of thirty months he was away from Atlanta, working for Ford. The IRS has challenged this deduction for temporary living expenses while away from home. First it has to be determined whether these expenses were incurred during a temporary work assignment to Abdul, by the Ford Company. Secondly, it has to be established whether it is the expenses for the thirty months or the last twelve months that should be deducted.
Answer
Expenses incurred during the period of thirty months while Abdul moved to work in Delaware, California and Michigan are not deductible under §§ 162 (a) (2), for the purpose of determining income tax.
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