Nicholas M. Romer - Page 34




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          related to a significant increase in petitioner’s expenses.  See            
          Barry v. Commissioner, 54 T.C. 1210 (1970) (consulting management           
          engineer who made 16 to 19-hour business trips during which he              
          generally rested once or twice briefly in his automobile was not            
          away from home within the meaning of section 162(a)(2)).                    
          Accordingly, petitioner has failed to establish that the claimed            
          expenses were incurred on travel away from home, within the                 
          meaning of section 162(a)(2).                                               
               Because petitioner has not adequately substantiated the                
          time, place, and business purpose of his travel, and has failed             
          to establish that his travel was away from home within the                  
          meaning of section 162(a)(2), we also reject petitioner’s                   
          contention that he is entitled to deductions for the cost of                
          meals and incidentals based on the applicable Federal meal and              
          incidental expense (M&IE) per diem rate for each day he traveled            
          “out of town on business”.17                                                


               17 Sec. 1.274-5T(j), Temporary Income Tax Regs., 50 Fed.               
          Reg. 46032 (Nov. 6, 1985), grants the Commissioner the authority            
          to establish a method under which a taxpayer may elect to use a             
          specified amount for meals and incidentals paid or incurred while           
          traveling away from home in lieu of substantiating the actual               
          costs (per diem substantiation method).  For the taxable years at           
          issue, Commissioner established that method through Rev. Proc.              
          89-67, 1989-2 C.B. 795 (Rev. Proc. 89-67), amplified, modified,             
          and clarified by Rev. Proc. 90-60, 1990-2 C.B. 651 (Rev. Proc.              
          90-60).  Although use of the Federal meal and incidental expense            
          (M&IE) rate does eliminate some of the substantiation                       
          requirements of sec. 274 (essentially, the cost element), the               
          taxpayer is not relieved of substantiating the time, place, and             
          business purpose of the travel.  See sec. 1.274-5T(j), Temporary            
          Income Tax Regs., 50 Fed. Reg. 46032 (Nov. 6, 1985); Rev. Proc.             
                                                             (continued...)           




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