- 10 - statement. In addition to petitioner's and Mr. Bistodeau's testimony, the record contains a handwritten log of petitioner's activities with respect to respondent's criminal investigation of Romer and with respect to Romer's clients. In addition, Karen Coon, a certified public accountant who was associated with Romer as an independent contractor, testified that petitioner generally worked in the Minneapolis office 2 or 3 days each week during 1993. She also verified that he posted a monthly schedule in the Minneapolis office which showed when he would be working in the office. We find that this corroborative evidence is sufficient to establish the time, place, and business purpose elements of petitioner's traveling expenses and conclude that the arrangement satisfies the section 1.62-2(e), Income Tax Regs., substantiation requirement. We have also considered respondent's broad assertion that petitioner and Mr. Bistodeau conspired to label petitioner's compensation from Romer as reimbursements under the arrangement in order for petitioner to avoid income tax liability and for Romer to avoid employment tax liability on the amount paid to him during 1993. Based on our review of the record, we find that a bona fide arrangement existed between petitioner and Romer during 1993. We reject respondent's conspiracy theory because he offered absolutely no evidence in support of the alleged tax avoidance scheme.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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