David Llewellyn and Kay Marie Rose - Page 12




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          limited to only meals and incidental expenses and not lodging.              
          Accordingly, petitioner’s claimed San Diego lodging expenses for            
          each of the years at issue are not deemed substantiated under the           
          aforementioned revenue procedures, and, since petitioner                    
          maintained no independent records under section 274(d) to                   
          substantiate these expenses, he is not entitled to a deduction of           
          the claimed lodging expenses for those years.                               
               As stated, section 4.03 of each of the aforementioned                  
          revenue procedures allows a self-employed taxpayer the per-diem             
          method for meals and incidental expenses, but only if the                   
          taxpayer "substantiates the elements of time, place, and business           
          purpose of the travel expenses".  Respondent argues that                    
          petitioner failed to substantiate these elements and, therefore,            
          is not entitled to the per diem method for meals and incidental             
          expenses for the years at issue.                                            
               Upon an exhaustive examination of the record in this case,             
          the Court finds that petitioner has adequately substantiated the            
          time and place but not the business purpose of his days in San              
          Diego during the years at issue.  Petitioner's personal residence           
          was in San Diego during each of the years at issue, and the Court           
          is satisfied that petitioner would have spent the same number of            
          days there regardless of whether or not he was conducting a trade           
          or business in San Diego during those years.  Moreover, section             
          1.162-2(b)(1), Income Tax Regs., provides that, if travel                   





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