Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 13




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          treated as an expense for food and beverages (and thus subject to           
          the section 274(n) 50-percent limitation).  Rev. Proc. 96-28,               
          sec. 6.05, 1996-1 C.B. at 691.  If the per diem allowance is paid           
          for lodging as well as M&IE, the payor must treat an amount equal           
          to the Federal M&IE rate as an expense for food and beverages.              
          For this purpose, when a per diem for lodging and M&IE is paid at           
          a rate that is less that the Federal per diem rate, the payor may           
          treat an amount equal to 40 percent of the per diem allowance as            
          the Federal M&IE rate.  Id.                                                 
          C.   Application of the Revenue Procedures                                  
               On its tax returns for the years at issue, Beech Trucking              
          claimed deductions for the per diem payments on the basis of the            
          last-described rule of the Revenue Procedures; i.e., it treated             
          40 percent of the per diem payments as being for food and                   
          beverages and thus subject to the section 274(n) 50-percent                 
          limitation and deducted the remaining 60 percent in full                    
          (resulting in a claimed deduction of 80 percent of the total per            
          diem payments).  See supra note 4.                                          
               Respondent does not dispute that the Revenue Procedures                
          apply to this case; that the per diem payments at issue here                
          constitute “per diem allowances” within the meaning of the                  
          Revenue Procedures; that the per diem payments are ordinary and             
          necessary business expenses of Beech Trucking, within the meaning           
          of section 162; that these expenses are deemed to be                        
          substantiated under the Revenue Procedures; or that they are                




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