Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 8




                                        - 8 -                                         
                                       OPINION                                        
               Section 274(n) generally allows a taxpayer to deduct only 50           
          percent of the amount that otherwise would qualify as an                    
          allowable deduction for meals or business entertainment.  The               
          issue is whether this 50-percent limitation applies to the full             
          amount of per diem allowances paid with respect to the Beech                
          Trucking drivers, as respondent contends.  For the reasons                  
          discussed below, we agree with respondent.                                  
          A.   Statutory Framework                                                    
               Section 162 allows a deduction for all ordinary and                    
          necessary expenses incurred during the taxable year in carrying             
          on a trade or business.  Section 162 enumerates certain types of            
          deductible expenses, including “a reasonable allowance for                  
          salaries or other compensation for personal services actually               
          rendered”, sec. 162(a)(1), and “traveling expenses (including               
          amounts expended for meals and lodging * * *) 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               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011