- 16 - (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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011