- 7 - 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 substantiatingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011