- 18 - in his employment in computing adjusted gross income, provides, in pertinent part: the term “adjusted gross income” means * * * gross income minus the following deductions: * * * * * * * (2) Certain trade and business deductions of employees.-- (A) Reimbursed expenses of employees.–- The deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer, in connection with the performance by him of services as an employee, under a reimbursement or other expense allowance arrangement with his employer. However, pursuant to the regulations, if an employee is paid under a reimbursement or expense allowance agreement and makes an “adequate accounting” to the employer, then the employee is not required to report the allowance in income. Sec. 1.274-5(e)(2), Income Tax Regs; sec. 1.274-5T(f)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46028 (Nov. 6, 1985). An employee could meet the adequate accounting requirement if the allowance is fully substantiated by the employee to the employer. Sec. 1.274- 5(e)(4), Income Tax Regs.; sec. 1.274-5T(f)(4), Temporary Income Tax Regs., 50 Fed. Reg. 46029 (Nov. 6, 1985). Alternatively, the employee could meet the adequate accounting requirement if the per diem allowance fell under either Rev. Rul. 80-62, 1980-1 C.B. 63, or Rev. Rul. 84-164, 1984-2 C.B. 63, because thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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