Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 34




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          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.                                




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