- 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 thesePage: 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