- 23 - travels does not subvert their business purpose. On the basis of the record, we find that petitioner spent most of her time in Greece and in Southeast Asia participating in the U.C. Extension courses.5 Petitioner, however, has not established that the $240 expense she incurred for hotel accommodations before the Legendary Greece course began is attributable to business activity. Petitioner testified that she arrived 2 days early in Greece so that she would have an opportunity to recover from jet lag before the course began. We find this expense to be attributable to personal activity. We thus hold that petitioner's education and travel expenses, with the exception of the $240, are ordinary and necessary business expenses within the meaning of section 162. In addition to being subject to the requirements of section 162 and the provisions under section 274 already discussed, a taxpayer's deductions for certain travel expenditures are subject to other provisions of section 274. Respondent, however, has not challenged petitioner's travel expenses under the substantiation requirements of section 274(d) or under the limitation on meal 5 Although respondent does not contend that petitioner’s travel expenses are subject to the provisions of sec. 274(c), the regulations issued under this section tend to support our determination that petitioner was primarily engaged in business activity during the time she spent in Greece and in Southeast Asia. See sec. 1.274-4(d)(2), Income Tax Regs.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011