Marin I. and Anita J. Johnson - Page 13




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          Commissioner provided that “The term ‘incidental expenses’                  
          includes, but is not limited to, expenses for laundry, cleaning             
          and pressing of clothing, and fees and tips for services, such as           
          for waiters and baggage handlers.”  Id. sec. 3.02(4), 1989-2 C.B.           
          at 797.  The Commissioner provided that “The term ‘incidental               
          expenses’ does not include taxicab fares or the costs of                    
          telegrams or telephone calls.”  Id.                                         
               Rev. Proc. 89-67, supra, was silent as to the situation                
          where an employee without a travel allowance incurred traveling             
          expenses while employed away from home.  The Commissioner first             
          addressed that subject in Rev. Proc. 90-60, 1990-2 C.B. 651,                
          which provided rules on the subject matter of the predecessor               
          revenue procedure as well as rules addressing the situation where           
          an employee not subject to a travel allowance incurred traveling            
          expenses while employed away from home.  See id. sec. 1, 1990-2             
          C.B. at 651.  Section 1 of Rev. Proc. 90-60, supra, provided                
          generally that an employee, in lieu of substantiating his or her            
          actual expenses, could “use [the applicable M&IE rate or rates]             
          in computing the deductible costs of business meal and incidental           
          expenses paid or incurred while traveling away from home.”  The             
          other relevant provisions of Rev. Proc. 90-60, 1990-2 C.B. at               
          652-653, 655, provided specifically:                                        

               4(...continued)                                                        
          301-7.3 (1994 & 1996).                                                      





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