- 13 - 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 throughPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008