John D. Shea - Page 6




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          taxable year in carrying on any trade or business.  Such expenses           
          must be directly connected with or pertain to the taxpayer's                
          trade or business.  Sec. 1.162-1(a), Income Tax Regs.  The                  
          determination of whether an expenditure satisfies the                       
          requirements of section 162 is a question of fact.  Commissioner            
          v. Heininger, 320 U.S. 467, 475 (1943).                                     
               Section 162(a)(2) allows a deduction for all the ordinary              
          and necessary traveling expenses, including meals, paid by a                
          taxpayer during the taxable year while traveling away from home             
          in the pursuit of a trade or business.  A travel or entertainment           
          deduction is disallowed if the taxpayer does not satisfy the                
          substantiation requirements of section 274(d)5 through either               


               5Sec. 274(d) provides:                                                 
                    (d)Substantiation Required.--No deduction or                      
               credit shall be allowed--                                              
                         (1) under section 162 or 212 for any                         
                    traveling expense (including meals and lodging                    
                    while away from home),                                            
                         (2) for any item with respect to an activity                 
                    which is of a type generally considered to                        
                    constitute entertainment, amusement, or                           
                    recreation, or with respect to a facility used in                 
                    connection with such an activity,                                 
                         (3) for any expense for gifts, or                            
                         (4) with respect to any listed property (as                  
                    defined in section 280F(d)(4)),                                   
               unless the taxpayer substantiates by adequate records                  
                                                             (continued...)           




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