Raymond J. and Maria V. Zbylut - Page 6




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                    Sailor required medical expenses   $1,227                         
                    Sailor required supplies           655                            
                    Sailor uniforms/cleaning           692                            
                    Sailor union dues                  914                            
                                                       ======                         
                                                       3,488                          
                                       OPINION                                        
               Section 162 permits taxpayers to deduct all ordinary and               
          necessary business expenses paid or incurred during the taxable             
          year and specifically includes traveling expenses (including                
          amounts expended for meals and lodging other than amounts that              
          are lavish or extravagant under the circumstances) while away               
          from home in the pursuit of a trade or business.  Sec. 162(a)(2).           
          Section 274(d) generally disallows any deduction under section              
          162 for, among other things, “any traveling expense (including              
          meals and lodging while away from home)”, unless the taxpayer               
          complies with stringent substantiation requirements as to the               
          amount, time and place, and business purpose of the expense.                
          Sec. 274(d)(1).  Section 274(d) authorizes the Secretary to                 
          provide by regulations that some or all of these substantiation             
          requirements “shall not apply in the case of an expense which               
          does not exceed an amount prescribed pursuant to such                       
          regulations.”                                                               
               Under the applicable section 274 regulations, the                      
          Commissioner is authorized to prescribe rules under which                   
          optional methods of computing expenses, including per diem                  







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Last modified: March 27, 2008