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Section 4.03 of the revenue procedures provides:
In lieu of using actual expenses in computing the
amount allowable as a deduction for ordinary and
necessary meal and incidental expenses paid or incurred
for travel away from home, employees and self-employed
individuals who pay or incur meal expenses may use an
amount computed at the Federal M&IE rate for the
locality of travel for each calendar day (or partial
day) the employee or self-employed individual is away
from home. Such amount will be deemed substantiated for
purposes of paragraphs (b)(2) and (c) of � 1.274-5,
provided the employee or self-employed individual
substantiates the elements of time, place, and business
purpose of the travel for that day (or partial day) in
accordance with those regulations. * * *
Respondent concedes petitioner substantiated the time,
place, and business purpose of the travel and may use the Federal
M&IE rate for the locality of travel for each day or partial day
that petitioner was away from home. However, respondent argues
that because petitioner was not away from home for as many as 24
hours in 1 day, only three-fourths of the Federal M&IE rate is
allowable as a deduction during the off-peak-season turnaround
voyages completed within 24 hours.
Section 6.04 of the revenue procedures states that a full
Federal M&IE rate for the locality of travel is available for a
full day of travel from 12:01 a.m. to 12 midnight. To determine
the amount of M&IE deemed substantiated under section 4.03 of the
revenue procedures for partial days of travel, section 6.04 of
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