Raymond J. and Maria V. Zbylut - Page 17




                                        - 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.                                               







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