Marin I. and Anita J. Johnson - Page 25




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          and his travel (the business purpose requirement).  See id.; see            
          also 41 C.F.R. sec. 301-7.2(a)(2) (1994 & 1996).                            
               Nor do we agree with respondent that a taxpayer is precluded           
          from deducting travel expenses under section 162(a)(2) if he or             
          she does not pay for lodging or meal costs for his or her travel.           
          The mere fact that a taxpayer is furnished with meals and lodging           
          without charge while employed away from home does not necessarily           
          mean that he or she will not incur other ordinary and necessary             
          travel expenses.  In fact, the Commissioner has recognized as               
          much in the subject revenue procedures wherein he states 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.  E.g., Rev. Proc. 96-           
          28, 1996-1 C.B. at 686.  We also note that 41 C.F.R. sec. 301-              
          7.12(a)(2) (1994 & 1996) sets forth explicit rules which reduce             
          the M&IE rates when the Government furnishes meals to an employee           
          without charge and clarifies that “The total amount of deductions           
          made on partial days shall not cause the employee to receive less           
          than the amount allocated for incidental expenses.”                         
               We turn to the applicable revenue procedures.  Respondent              
          focuses on the fact that those revenue procedures provide that an           
          employee without a travel allowance may use the revenue                     





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