- 6 - return of excess requirement. Sec. 1.62-2(d)-(f), Income Tax Regs. If an arrangement meets these three requirements, all amounts paid under the arrangement are, in general, treated as paid under an accountable plan and are excluded from the employee's gross income. Respondent conceded on brief that petitioner was an employee of Romer during 1993. Respondent argues, however, that the arrangement does not satisfy the business connection and the substantiation requirements set out in section 1.62-2(d), Income Tax Regs., and section 1.62-2(e), Income Tax Regs., respectively. Business Connection Requirement Section 1.62-2(d)(1), Income Tax Regs., provides that an arrangement satisfies the business connection requirement if it: provides advances, allowances (including per diem allowances * * *), or reimbursements only for business expenses that are allowable as deductions by Part VI (section 161 and the following), subchapter B, chapter 1 of the Code, and that are paid or incurred by the employee in connection with the performance of services as an employee of the employer. * * * Section 162(a) allows a deduction for the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business, including the trade or business of being an employee. Commissioner v. Flowers, 326 U.S. 465 (1946). Section 162(a)(2) allows a deduction for traveling expenses if the expenses are: (1) Ordinary and necessary; (2) paid or incurred while away from home; and (3) paid or incurred in pursuit of a trade or business. Bochner v. Commissioner, 67Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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