Paul Harrison Duncan - Page 7




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               It is uncontested that petitioner maintained a log in which            
          he recorded his hauling trips, including time, place, and                   
          business purpose.  However, petitioner did not keep records of              
          the amounts of lodging expenses he incurred but instead relied on           
          the per-diem rates to compute the amount of his lodging expenses.           
          While section 4.01 of Rev. Proc. 93-50 authorizes the use of the            
          per-diem method to substantiate the amount of lodging, meal, and            
          incidental costs, this method of reporting is available only                
          where employers pay a per-diem allowance in lieu of reimbursing             
          the actual expenses an employee incurs while traveling away from            
          home.  Therefore, petitioner’s expenses for lodging are not                 
          included within this provision because he was self-employed.                
          Although petitioner, as a self-employed individual, is entitled             
          to use the per-diem method allowed under section 4.03 of Rev.               
          Proc. 93-50, that provision is limited only to meals and                    
          incidental expenses.  Accordingly, petitioner’s lodging expenses            
          are not deductible because such expenses have otherwise not been            
          substantiated pursuant to section 274(d).  The Court finds it               
          unnecessary to address respondent’s contention that petitioner              
          did not in fact incur any lodging expense because petitioner                
          slept in the sleeper cab of his truck.  Respondent, therefore, is           
          sustained on this issue.                                                    
               Respondent agrees that petitioner was entitled to use and              
          properly applied the optional per-diem method of substantiating             





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