- 22 - deems $14 substantiated for purposes of meals, while a much greater amount of the per diem allowance in the instant case was based on meals and only a small fraction of the overall allowance was attributable to incidental expenses. On the basis of these facts, how could United’s payment of $36, or $37.20, be reasonable when Rev. Rul. 84-164, supra, treats meals as substantiated only to the extent of $14 and petitioner’s own expert report attributed, at most, between $4 and $7 to incidental expenses? Allowing petitioner to deduct the full allowance under the authority of Rev. Rul. 80-62, supra, in these circumstances conflicts with the overall function of the deemed substantiation methods. In Am. Airlines, Inc. v. United States, 204 F.3d at 1111, the Court of Appeals for the Federal Circuit commented on this conflict: American argues that even if it cannot meet the substantiation requirements of � 274(d), American’s covered meals and incidental expenses allowance of $36 per day fall in the middle range of the $14 meals-only safe harbor of Rev. Rul. 84-164 and the $44 full per diem safe harbor of Rev. Rul. 80-62 1980-1 C.B. 63, and, therefore, American’s $36 per diem allowance should be deemed substantiated for � 274 purposes. We agree with the Government that American’s reasoning is flawed because it ignores the fact that the deemed substantiated limit under Rev. Rul. 80-62 includes lodging, which accounts for a greater portion of an employee’s daily expenses. Further, under American’s logic, $22 of this amount would include incidental expenses, and the burden is upon American to prove that such an amount would meet the “ordinary and necessary” requirement of I.R.C. � 162.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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