Marin I. and Anita J. Johnson - Page 24




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          employment.  Petitioner testified credibly that he paid those               
          expenses, and respondent’s counsel never challenged that                    
          testimony, opting to rest his case without cross-examining                  
          petitioner or without introducing any evidence to attempt to                
          impeach that testimony.  We disagree with respondent’s assertion            
          that petitioner must introduce into evidence actual receipts of             
          his incidental expenditures in order to deduct them.  As we read            
          Rev. Proc. 96-28, 1996-1 C.B. 686, and its progenitors, one of              
          the primary purposes of those revenue procedures is to allow                
          taxpayers to deduct a set amount of travel expenses incurred away           
          from home in lieu of maintaining written records to substantiate            
          the actual amount.  See also sec. 1.274-5T(j), Temporary Income             
          Tax Regs., 50 Fed. Reg. 46032 (Nov. 6, 1985) (“the Commissioner             
          may establish a method under which a taxpayer may elect to use a            
          specified amount or amounts for meals while traveling in lieu of            
          substantiating the actual cost of meals”).  We note, however,               
          that petitioner has introduced into evidence records which meet             
          the time, place, and business purpose requirements of sec. 1.274-           
          5T(b)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,           
          1985), as to his incidental expenses.  Those records show                   
          clearly:  (1) The dates of petitioner’s departure for and return            
          from each city that he visited while away from home (the time               
          requirement), (2) the cities or points of travel (the place                 
          requirement), and (3) the business nexus between his employment             





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