Norman E. Duquette, Inc. - Page 31




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          ($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,              






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