Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 30




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          Petitioner observes, correctly, that mileage-based reimbursement            
          arrangements like those described in the fifth factor (and at               
          issue here) are expressly recognized in section 1.62-2(d)(3)(ii),           
          Income Tax Regs., as satisfying, in certain circumstances, the              
          so-called business connection requirement as necessary for a                
          reimbursement arrangement to qualify as an accountable plan.22              
          Therefore, petitioner elliptically concludes, the fifth factor of           
          section 4.02 of the Revenue Procedures conflicts with section               
          1.62-2(d)(3)(ii), Income Tax Regs., and is therefore invalid.               
          Insofar as we are able to understand petitioner’s argument, we              
          disagree with it.                                                           
               We perceive no conflict between section 1.62-2(d)(3)(ii),              
          Income Tax Regs., and section 4.02 of the Revenue Procedures.               

               21(...continued)                                                       
          to employees under so-called accountable plans.  See sec. 1.62-             
          2(c)(4), (h), Income Tax Regs.  By contrast, reimbursement                  
          payments under nonaccountable plans must be reported as wages to            
          the employees and are subject to withholding and employment                 
          taxes.  See sec. 1.62-2(c)(5), Income Tax Regs.                             
               22 For qualification as an accountable plan, one requirement           
          (the so-called business connection requirement) is that the                 
          reimbursement arrangement must provide reimbursements only for              
          business expenses that are allowable as deductions under I.R.C.             
          pt. VI (secs. 161-197) and that are paid or incurred by the                 
          employee in connection with the performance of services as an               
          employee of the employer.  Sec. 1.62-2(c)(1) and (d)(1), Income             
          Tax Regs.  A per diem allowance arrangement that is “computed on            
          a basis similar to that used in computing the employee’s wages or           
          other compensation (e.g., the number of hours worked, miles                 
          traveled, or pieces produced)” will meet the business connection            
          requirement only in certain circumstances, one of which is that             
          “a per diem allowance computed on that basis was commonly used in           
          the industry in which the employee is employed.”  Sec. 1.62-                
          2(d)(3)(ii), Income Tax Regs.                                               




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