Originally Posted by
tomgoodman
It wasn't just any court, but the U.S. Tax Court, and the IRS was the Respondent. The tip issue was a minor part of the opinion, which cannot be used as a precedent, but it shows which way such a case will probably come out in the future. They are saying that tips are indeed a legitimate expense, but you have already been reimbursed via your per diem allowance.
http://www.watsoncpagroup.com/images...tinentalFA.pdf
So the current language allows us to deduct tips as long as company paid per diem is less than our expenses. I haven't come across many people who can say that's their individual case.
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