Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 26




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          Regs.17  This conclusion is consistent with the position taken by           
          Beech Trucking on its tax returns for the years at issue and with           
          the implicit premise of petitioner’s prayer for relief.18                   
               2.  Validity of the Revenue Procedures                                 
               Petitioner argues that the Revenue Procedures are invalid              
          insofar as they operate (in section 4.02) to characterize the               
          Beech Trucking per diem payments as being solely for M&IE and (in           
          section 6.05) to apply the section 274(n) limitations to the full           
          amount of the per diem payments.  Petitioner does not argue that            
          the Revenue Procedures are otherwise invalid; to the contrary,              
          petitioner relies on section 4.01 of the Revenue Procedures for             
          deemed substantiation of the drivers’ travel expenses and on that           
          part of section 6.05 of the Revenue Procedures that would permit            
          Beech Trucking (absent the provision in section 4.02 which deems            
          the per diem payments to be solely for M&IE) to treat 60 percent            
          of the per diem payments as being reimbursements of the drivers’            
          lodging expenses.  In effect, then, petitioner seeks to rely                
          selectively on certain aspects of the Revenue Procedures that               

               17 This case does not present, and we do not reach, any                
          issue as to the proper tax treatment to ATS of the amounts that             
          ATS paid to the Beech Trucking drivers.  The record is silent as            
          to how ATS might have treated the payments to the Beech Trucking            
          drivers for tax purposes.                                                   
               18 As previously indicated, in this litigation petitioner              
          has not argued that Beech Trucking is entitled to deduct a                  
          greater amount of the per diem payments than the 80 percent it              
          claimed on its tax returns, on the basis of its application of              
          the sec. 274(n) limitations.                                                





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