Nicholas M. Romer - Page 9

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                    the performance of services as an employee of                     
                    the employer,                                                     
                         (2) reasonably calculated not to exceed                      
                    the amount of the expenses or the anticipated                     
                    expenses, and                                                     
                         (3) paid at the applicable Federal per                       
                    diem rate, a flat rate or stated schedule, or                     
                    in accordance with any other Service-                             
                    specified rate or schedule.  [Rev. Proc.                          
                    93-21, 1993-1 C.B. at 530; Rev. Proc. 92-17,                      
                    1992-1 C.B. at 680.]                                              
               We find that the arrangement in this case meets the                    
          definition of "per diem allowance" provided in the Commissioner's           
          revenue procedures.  It was reasonable for Romer to anticipate              
          that petitioner would incur lodging, meal, and incidental                   
          expenses as its employee while he was away from his Tennessee               
          residence.  It was also reasonable for Romer to estimate that the           
          applicable Federal per diem rate for Minneapolis would not exceed           
          petitioner's anticipated expenses.  We find that the amount of              
          petitioner's traveling expenses is deemed substantiated under the           
          per diem allowance method.2                                                 
               With respect to the time, place, and business purpose of               
          traveling expenses, section 1.274-5T(c)(1), Temporary Income Tax            
          Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985), generally provides that           
          a taxpayer must substantiate these elements of an expenditure by            
          adequate records or by sufficient evidence corroborating his own            

          2         Since the arrangement provides for a per diem                     
          allowance, it is treated as satisfying the sec. 1.62-2(f), Income           
          Tax Regs., return of excess requirement for an accountable plan.            
          See sec. 1.62-2(f)(2), Income Tax Regs.                                     




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