Jozsef and Zsuzsanna Balla - Page 13




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          expenses in lieu of providing actual receipts.  The purpose of              
          the Federal per diem rates is to ease the burden of                         
          substantiating travel expenses away from home, not to eliminate             
          the requirement that those expenses be incurred before they can             
          be claimed as deductions from income.  Although petitioners                 
          contend that the Court has not yet addressed this issue, we                 
          explicitly stated in Johnson v. Commissioner, supra at 227:  “We            
          do not read the revenue procedures to allow a taxpayer to use the           
          full M&IE rates when he or she incurs only incidental expenses.”            
               In her opening statement at trial, respondent’s counsel                
          conceded that petitioners were entitled to incidental expense               
          deductions.  We will not, therefore, address respondent’s                   
          arguments in posttrial briefs challenging petitioner’s                      
          entitlement to a deduction for incidental expenses for 2003.  As            
          discussed above, the Federal Travel Regulations provide that a              
          taxpayer to whom the regulations apply and who is not reimbursed            
          for incidental expenses will be entitled to deduct at least the             
          incidental expense portion of the M&IE rate.  41 C.F.R. sec. 301-           
          11.18 (2002); 41 C.F.R. sec. 301-11.18 (2003).                              
               Petitioner is entitled to a deduction for his deemed                   
          substantiated incidental expenses for 2003 even though his meals            
          and lodging were provided free of charge by his employer.  See              
          Johnson v. Commissioner, supra.  Those incidental expenses shall            
          be calculated at $2 per diem for the months January through                 







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