Norman E. Duquette, Inc. - Page 32




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          Texas.  See supra sec. II.D.4.  During that period, Norman was in           
          a travel status with respect to petitioner when he traveled away            
          from Dallas in pursuit of petitioner’s business.  The analyses              
          show per diem payments to Norman for various dates (e.g., “11/3 –           
          11/5; 11/29 – 12/17) through April 18, 1994.  We accept that                
          Norman was traveling on behalf of petitioner, away from Dallas,             
          on all dates through April 18, 1994, for which per diem payments            
          are shown (all as reflected in the analyses and supporting                  
          documents).7  Per diem payments for such travel are deductible by           
          petitioner.  After April 18, 1994, Dallas no longer was Norman’s            
          principal post of duty, see section III.D.4., and Norman has                
          failed to prove that his principal post of duty was other than              
          Washington, D.C., where he worked for 177 days during the 1994              
          tax year.  See id.  The analyses show per diem payments to Norman           
          for every day from April 19, 1994, through the end of the 1994              
          tax year (the remainder of the year).  Petitioner has failed to             
          prove that Norman was in a travel status on every day during the            
          remainder of the year.  Nevertheless, the analyses and certain              
          supporting documents allow us to determine that petitioner was              
          outside of the Washington, D.C., area on petitioner’s business on           


               7  Petitioner’s payment of per diem to Norman and                      
          petitioner’s reimbursement of his miscellaneous travel expenses             
          is evidenced by copies of canceled checks issued to Norman, which           
          contain notations that they represent expense reimbursements.               
          Also, respondent did not object to the amount of the per diem               
          ($35 a day).  Therefore, we do not consider the amount to be in             
          issue.                                                                      





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