Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 16




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          (Otherwise, as discussed more fully infra, petitioner has not               
          independently substantiated, and thus is entitled to no deduction           
          for, any of the subject expenses in excess of those deemed to be            
          substantiated under the Revenue Procedures.)13  Accordingly,                
          under section 6.05 of the Revenue Procedures, the full amount of            
          the per diem payments is treated as being for food and beverages            
          and thus subject to the 50-percent limitation of section 274(n).            
          D.  Petitioner’s Contentions                                                
               Petitioner argues that because Beech Trucking leased its               
          drivers from ATS, the section 274(n) limitation is inapplicable             
          to Beech Trucking.  Petitioner also argues that the Revenue                 
          Procedures are invalid insofar as they operate to characterize              
          the Beech Trucking per diem payments as being solely for M&IE               
          expenses (and not for lodging) and to apply the section 274(n)              
          limitation to nonmeal expenses that were covered by the per diem            













               13 Moreover, as discussed infra, the evidence indicates that           
          Beech Trucking’s per diem payments were in fact less than the               
          Federal M&IE rate.                                                          






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