- 17 - Respondent also argues that petitioners have failed to substantiate petitioner’s expenses related to his trips to union halls in 2002. Petitioners claimed deductions at per diem rates for 16 days in Honolulu and 12 days in San Francisco. Although the per diem rates serve as an alternative method of substantiating the amount of expenses, petitioners must still substantiate the time, place, and business purpose of the underlying trip to deduct the per diem rates as ordinary and necessary business expenses. Sec. 274(d)(1); sec. 1.274-5T(b), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985). Petitioner testified that the expenses related to his trips to the union halls to seek employment are accurately represented by credit card statements that petitioners presented as evidence at trial. The credit card statements, which include an array of expenditures including personal expenses, show that petitioner was present in San Francisco approximately 11 days in March and incurred expenses there for lodging and meals. Petitioner asserts, and we believe, that he traveled to the San Francisco area union hall in March 2002 in search of a job, but it appears that he was unable to secure a job at that time. Petitioner incurred ordinary and necessary business expenses related to his trip to San Francisco in March 2002 and may deduct his expenses for lodging, meals, and incidental expenses at the applicable per diem rates for those 11 days.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008