Billy J. Neal & Judith A. Neal v. Comm'r of Internal Revenue, 681 F.2d 1157 (9th Cir. 1982). · Go Syfert
Billy J. Neal & Judith A. Neal v. Comm'r of Internal Revenue, 681 F.2d 1157 (9th Cir. 1982). Cases Citing This Book View Copy Cite
37 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Estate Preservation Services (ca9, 2000-01-25)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Estate Preservation Services
9th Cir. · 2000 · confidence medium
See I.R.C. § 262(a) ("Except as otherwise expressly provided in this chapter, no deduction shall be allowed for personal, living, or family expenses.”); United States v. Buttorff, 761 F.2d 1056 (5th Cir.1985) (holding trust which lacked the tax benefits marketed by its promoter, including the deductibility of personal consumption expenses associated with home ownership, to be a sham under Section 6700); see also Grimes v. Commissioner of Internal Revenue, 806 F.2d 1451, 1453 (9th Cir.1986) (noting nondeductibility of personal expenses and describing necessity of specific legislation authori…
discussed Cited as authority (rule) United States v. Estate Preservation Services, a Trust Estate Preservation Services, Inc. Robert L. Henkell, United States of America v. Estate Preservation Services, a Trust and William F. Sefton
9th Cir. · 2000 · confidence medium
S 262(a) ("Except as otherwise expressly provided in this chapter, no deduction shall be allowed for personal, living, or family expenses."); United States v. Buttorff, 761 F.2d 1056 (5th Cir. 1985) (holding trust which lacked the tax benefits marketed by its promoter, including the deductibility of personal consumption expenses associated with home ownership, to be a sham under Section 6700); see also Grimes v. United States, 806 F.2d 1451, 1453 (9th Cir. 1986) (noting nondeductibility of personal expenses and describing necessity of specific legislation authorizing deductions); Neal v. Commi…
cited Cited as authority (rule) Edward M. Dahood, Jr., Wilfred and Diane Masse, George H. And Alice A. Senecal, Edward J. Young v. United States
1st Cir. · 1984 · confidence medium
See Peurifoy v. Comm’r, 358 U.S. 59 , 79 S.Ct. 104 , 3 L.Ed.2d 30 (1958); Neal v. Comm’r, 681 F.2d 1157, 1158 (9th Cir.1982); Boone v. United States, 482 F.2d 417, 419 (5th Cir.1973).
cited Cited "see" Barrett v. Comm'r
Tax Ct. · 2017 · signal: see · confidence high
See Neal v. Commissioner , 681 F.2d 1157 , 1158 (9th Cir. 1982) (following Kasun v. United States , 671 F.2d 1059 , 1061 (7th Cir. 1982)) , aff'g per curiam T.C.
cited Cited "see" Wakefield v. Comm'r
Tax Ct. · 2015 · signal: accord · confidence high
Commissioner v. Flowers , 326 U.S. 465 , 473 (1946) ; accord Neal v. Commissioner , 681 F.2d 1157 , 1158 (9th Cir. 19821. aff'g per curiam T.C.
cited Cited "see" H.W. Tseng v. Commissioner Internal Revenue Service
9th Cir. · 1996 · signal: see · confidence high
See Neal v. Commissioner, 681 F.2d 1157, 1158 (9th Cir.1982). 7 Tseng maintains that his employment in Minnesota was temporary because he only intended to stay for one year.
cited Cited "see" Joel Drum Josefa Rita Drum v. Commissioner of Internal Revenue
9th Cir. · 1995 · signal: see · confidence high
See Neal v. Commissioner, 681 F.2d 1157, 1158 (9th Cir. 1982).
cited Cited "see" Allen
unknown court · Mar · signal: see · confidence high
See Neal v. Commissioner , 681 F.2d 1157 , 1159 (9th Cir. 1982) (following Kasun v. United States , 671 F.2d 1059 , 1061 (7th Cir. 1982)) , affg. per curiam T.C.
discussed Cited "see, e.g." Eugen D. Georgescu v. Commissioner of Internal Revenue Service
9th Cir. · 1994 · signal: see also · confidence medium
See Norgaard, 939 F.2d at 877 ; Goldberg, 789 F.2d at 1343 ; Meridian Wood, 725 F.2d at 1189 ; see also Neal v. Commissioner, 681 F.2d 1157, 1158-59 (9th Cir.1992) (discussing the "temporary" versus "indefinite" distinction for determining when "commuting expenses" are deductible and adopting the rationale of Kasum v. United States, 671 F.2d 1059, 1061 (7th Cir.1982), as the law of this circuit). 8 Moreover, even if we were to find that Georgescu had met his burden of providing corroborative evidence that his assignment to the Palo Verde, Arizona job site and to the San Bernardino, California …
cited Cited "see, e.g." Tirheimer v. Commissioner
Tax Ct. · 1992 · signal: see also · confidence low
See also Kasun v. United States , 671 F.2d 1059 , 1061 (7th Cir. 1982) (opinion adopted as law of the Ninth Circuit in Neal v. Commissioner , 681 F.2d 1157 (9th Cir. 1982) , affg.
Retrieving the full opinion text from the archive…
Billy J. NEAL and Judith A. Neal, Appellants,
v.
COMMISSIONER OF INTERNAL REVENUE, Appellee
81-7777.
Court of Appeals for the Ninth Circuit.
Jul 20, 1982.
681 F.2d 1157
Harry P. Friedlander, Sternberg, Stern-berg, Rubin & Schleier, Phoenix, Ariz., for appellants., Michael L. Paup, Jonathan Cohen, James F. Miller, Washington, D. C., for appellee.
Kennedy, Per Curiam, Pregerson, Wallace.
Cited by 30 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #36,450 of 633,719
Citer courts: Ninth Circuit (2)
PER CURIAM:

The Neals appeal from a Tax Court decision upholding a determination by the Commissioner of Internal Revenue that taxpayer was not entitled to deduct transportation expenses, incurred in commuting by automobile between his personal residence and his place of employment, as business expenses under Section 162(a) of the Internal Revenue Code of 1954. The Tax Court had jurisdiction over this matter under Section 7442 of the Internal Revenue Code of 1954 and jurisdiction is conferred on this court by Section 7482.

Billy J. Neal [1] (taxpayer) was hired on March 14, 1977, by the Bechtel Power Corporation to work on the Palo Verde Nuclear Construction project near Buckeye, Arizona. Work on the project commenced in May 1977. The project was designed to be constructed in three separate units, expected to be completed by 1983, 1984, and 1985, respectively. Taxpayer worked continuously on the project as an ironworker and as a foreman for about twenty-six months, until May 1979, when he was terminated due to absenteeism. While taxpayer worked on the project he maintained his personal residence seventy-two miles away in Phoenix, Arizona. He traveled by automobile to the job site in the morning and returned home at the end of each day’s work.

On his 1977 federal income tax return, taxpayer claimed a business expense deduction of $3,973 for the cost of commuting between the construction project and his home. The Commissioner disallowed the deduction and determined a deficiency of $933. Taxpayer then petitioned the Tax Court for redetermination of the deficiency. That court held that taxpayer’s employment at the construction site was not “temporary” and therefore his transportation costs were not deductible business expenses.

Section 162(a) of the Internal Revenue Code of 1954 allows a deduction for “all the ordinary and necessary expenses paid ... in carrying on a trade or business.” See, e.g., Sanders v. Commissioner, 439 F.2d 296, 298 (9th Cir.), cert. denied, 404 U.S. 864, 92 S.Ct. 55, 30 L.Ed.2d 108 (1971). But the allowance of such a deduction for an individual taxpayer is “subject to the exceptions provided in ... [Section 261 et seq. of the Code].” Treas.Reg. § 1.161-1 (1954). A provision that must be read into every potential deduction is Section 262 of the Internal Revenue Code of 1954, which provides that “no deduction shall be allowed for personal, living or family expenses.” The daily cost of traveling between taxpayer’s residence and place of business (i.e., commuting expense) is such a non-deductible personal expense under Section 262. Fausner v. Commissioner, 413 U.S. 838, 93 S.Ct. 2820, 37 L.Ed.2d 996 (1973); Commissioner v. Flowers, 326 U.S. 465, 473, 66 S.Ct. 250, 253, 90 L.Ed. 203 (1946). An exception to this rule applies when taxpayer’s employment is temporary. Peurifoy v. Commissioner, 358 U.S. 59, 60, 79 S.Ct. 104, 105, 3 L.Ed.2d 30 (1958); Harvey v. Commissioner, 283 F.2d 491, 494 (9th Cir. 1960). Employment is treated as temporary “if it is very likely that taxpayer’s stay away from home will be short .... ” Harvey v. Commissioner, 283 F.2d at 495.

The facts of this case are set forth in the Tax Court’s opinion reported at ¶ 81,407 P-H Memo TC (1981). Based on those facts, we conclude that the Tax Court was not clearly erroneous when it determined that taxpayer failed to carry his burden of proving that his employment was temporary. See Peurifoy v. Commissioner, 358 U.S. at 60-61, 79 S.Ct. at 105.

[*1159] The Seventh Circuit was recently confronted with an identical issue in Kasun v. United States, 671 F.2d 1059 (7th Cir. 1982). In affirming the Tax Court we adopt the well-reasoned opinion of the Seventh Circuit in Kasun as the law of this circuit.

AFFIRMED.

1

. Judith A. Neal is a party to this action by virtue of having filed a joint income tax return with her husband for the years in question.