- 31 - ($6,440), while she was “in a travel status”, related to her relocation to Florida. Petitioner’s policy was to pay a per diem amount for meals rather than reimbursing an employee’s actual meal expenses, if the employee so elected. As set forth supra in section II.D.2, section 162(a)(2) permits a deduction for traveling expenses (including amounts expended for meals) while away from home in the pursuit of business. Aline’s duties for petitioner are vaguely described at best. Her marriage to Norman was in trouble in April 1994, and, we believe, she moved to Florida for personal reasons. Petitioner has failed to prove that the expenses incident to her relocation to Florida were incurred in pursuit of its business, rather than pursuant to Aline’s relocation to Florida for personal reasons. On that basis, we allow no deduction. C. Per Diems – Norman Duquette We allow a deduction of $3,409 with respect to the $10,010 claimed as business meals for “Per diems – Norman Duquette”. Petitioner claims that it paid Norman per diem of $35 a day for 286 days ($10,010), while he was “in a travel status”. We believe that, to a limited extent, such per diem payments were legitimate traveling expenses (for meals) incurred by petitioner with respect to travel by Norman while away from home in pursuit of the business of petitioner. During the 1994 tax year, through April 18, 1994, Norman’s principal post of duty was in Dallas,Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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