Marin I. and Anita J. Johnson - Page 12




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          274(d) or the fulfillment of criteria set forth by the                      
          Commissioner as to expenditures less than a stated amount (de               
          minimis expenses).  See sec. 274(d); see also sec. 1.274-5T(j),             
          Temporary Income Tax Regs., 50 Fed. Reg. 46032 (Nov. 6, 1985)               
          (authorizes the Commissioner to provide rules under which                   
          taxpayers may deduct a set amount in lieu of substantiation for             
          meals while traveling away from home).                                      
               The Commissioner first set forth the criteria for de minimis           
          expenditures in Rev. Proc. 89-67, 1989-2 C.B. 795.  There, the              
          Commissioner provided that “the amount of ordinary and necessary            
          business expenses of an employee for lodging, meal, and/or                  
          incidental expenses incurred while traveling away from home will            
          be deemed substantiated * * * when * * * [the employer] provides            
          a per diem allowance” to the employee equal to the applicable               
          M&IE rate.4  Id. secs. 1, 3, 1989-2 C.B. at 795, 796.  The                  

               4 Government employees are generally entitled to a per diem            
          allowance for official travel away from their official stations,            
          as payment for lodging, meals, and related incidental expenses.             
          See 41 C.F.R. secs. 301-1.2, 301-7.1 (1994 & 1996).  The per diem           
          allowance, which includes a maximum amount for lodging expenses             
          and a fixed amount for M&IE, varies depending on the area of                
          travel.  See 41 C.F.R. sec. 301-7.3 (1994 & 1996).  The                     
          Administrator of General Services sets the per diem allowance for           
          travel to areas in the continental United States (CONUS rates).             
          The Department of Defense sets the per diem allowance for travel            
          to nonforeign areas outside the continental United States.  The             
          Department of State sets the per diem allowance for travel to               
          foreign areas.  See id.  The list of the amounts of these per               
          diem allowances, including the breakdown of the portions                    
          attributable to lodging and M&IE, is referenced in 41 C.F.R. sec.           
                                                             (continued...)           





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