Jim L. Westling - Page 8




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          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 he            





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