- 34 - adversely affected by the amount of the upper limit per se but only by the characterization of the reimbursed travel expenses as being for M&IE. In this latter regard, we do not believe that section 4.02 of the Revenue Procedures reflects an arbitrary or unlawful exercise of the Commissioner’s authority in treating a maximum per diem allowance that is approximately equal to the Federal M&IE rate as reimbursing no more than M&IE expenses, particularly where, as here, actual per diem reimbursements are less than the amount computed at the Federal M&IE rate.25 Similarly, we do not believe that the complained-of conditions contained in section 6.05 of the Revenue Procedures, as applied to this case, are arbitrary or unlawful.26 The effect of section 6.05 of the Revenue Procedures, as applied here, is effectively to treat the subject per diem payments as covering solely meal expenses in circumstances where, as just discussed, the reimbursements were less than the amount computed at the Federal M&IE rates and, in all likelihood, less than the amount computed by reference to the portion of the Federal M&IE rate 25 This case does not present, and we do not consider, any issue as to whether the complained-of conditions of sec. 4.02 of the Revenue Procedures are valid as applied to per diem payments that exceed the Federal M&IE rate. 26 This case does not present, and we do not consider, any issue as to whether this aspect of sec. 6.05 of the Revenue Procedures is valid as applied to per diem payments that approximate or exceed the Federal M&IE rate.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011