- 8 - the claimed expenses. Respondent asserts thirdly that petitioner may not use the subject revenue procedures to ascertain the amount of his deductions because, respondent asserts, those revenue procedures do not apply when only incidental expenses are incurred. We agree with petitioner that he is entitled to the claimed deductions, but we disagree with him as to the amount of those deductions. We hold that petitioner’s deductions are limited to the incidental expense portion of the applicable M&IE rates. See Johnson v. Commissioner, 115 T.C. (2000). In Johnson, we considered and rejected each argument advanced by respondent here. We held that the taxpayer, a merchant seaman similar to petitioner, could deduct the cost of his incidental travel items even though he could not establish the cost of those items by way of written documentation. We held that the taxpayer could establish those costs by using the incidental expense portion of the applicable Federal per diem rates for meals and incidental expenses referenced in section 4.03 of Rev. Proc. 96-28, 1996-1 C.B. at 688, and its progenitors. We held that the taxpayer could deduct those amounts because his records met as to those costs the time, place, and business purpose requirements of section 1.274-5T(b)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985). The taxpayer’s records showed clearly: (1) The dates of his departure and return from each city that hePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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