David M. and Audrey J. Fugitt - Page 9

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          for Southeast.  Mr. Fugitt only offered his unsupported and                 
          uncorroborated testimony.  We are not required to, and do not,              
          accept Mr. Fugitt’s self-serving testimony.  See Tokarski v.                
          Commissioner, 87 T.C. 74, 77 (1986).                                        
               The testimony and records of Mr. Ruess and Mr. Osburn                  
          corroborate the Form 1099 issued by Southeast that Mr. Fugitt was           
          paid total sales commissions and per diem payments in 1999 of               
          $19,125.  Under section 61(a), the sales commissions portion of             
          Mr. Fugitt’s income must be included in petitioners’ gross                  
          income.  Since Mr. Fugitt did not meet the requirements of                  
          section 1.162-17(b)(1), Income Tax Regs., the per diem portion              
          must also be included in petitioners’ gross income.  Thus, the              
          Form 1099 issued to Mr. Fugitt reporting income of $19,125                  
          correctly reflected income he earned as a salesman for Southeast            
          during 1999.  Accordingly, we sustain respondent’s determination            
          and hold that petitioners failed to report self-employment income           
          in the amount of $19,125.8                                                  


               8  Petitioners are allowed a deduction of 50 percent of the            
          meals expenses incurred by Mr. Fugitt while traveling away from             
          home during 1999.  See secs. 162(a)(2), 274(n).  Mr. Fugitt, as a           
          self-employed individual, may deduct an amount for meals expenses           
          computed at the Federal Meals and Incidental Expenses (M&IE) rate           
          for 1999 as an alternative to deducting the actual cost of meals            
          incurred while traveling away from home.  See sec. 1.274-5T(j),             
          Temporary Income Tax Regs., 50 Fed. Reg. 46032 (Nov. 6, 1985);              
          Rev. Proc. 98-64, 1998-2 C.B. 825.  Given that the applicable               
          Federal M&IE rate for 1999 is $30 per day, we hold that                     
          petitioners’ deduction for Mr. Fugitt’s meals expenses is limited           
          to 50 percent of $3,180 ($30 per day x 106 days), or $1,590.  See           
          41 C.F.R. sec. 301, Appendix A (1998).                                      





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