Marin I. and Anita J. Johnson - Page 29




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          locations is $2.  See 41 C.F.R. sec. 301-7.12(a)(2)(i) (1994 &              
          1996).  The portion of the M&IE rates that is attributable to               
          incidental expenses incurred in any other location varies from $1           
          to $53, depending on the M&IE rate for that location.  See 41               
          C.F.R. ch. 301, app. B (1994 & 1996).  We believe that                      
          petitioner’s deductions for his incidental expenses are limited             
          under the travel regulations, which are incorporated by reference           
          into the revenue procedures, to the incidental expense portion of           
          the applicable M&IE rate.10  See 41 C.F.R. sec. 301-7.12(a)(2)              
          (1994 & 1996), which provides that the M&IE rate must be reduced            
          “When all or part of the meals are furnished at no cost or at a             
          nominal cost to the employee by the Federal Government”.                    
               We note that taxpayers such as petitioner need not limit               
          their deductions to the incidental expense portion of the M&IE              
          rates.  Specifically, taxpayers, to the extent that the amounts             
          set forth in the revenue procedures fail to reflect the actual              
          cost of their incidental expenditures, are entitled to a                    
          deduction for their actual expenses.  In such a situation,                  
          however, taxpayers must be prepared to meet all the                         
          substantiation requirements, including, especially, written                 


               10 Petitioner argues that his deductions at these rates                
          should not be subject to the 50-percent reduction for meals and             
          entertainment.  We agree.  The Rule 155 computation should                  
          reflect a deduction of the entire amounts of the M&IE rates which           
          are attributable to incidental expenses.                                    





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