Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 35




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          that is for meals only.27  In such circumstances, it is not                 
          unreasonable for the Revenue Procedures to treat the per diem               
          payments as covering only meal expenses.                                    
               Petitioner contends that the Beech Trucking per diem                   
          payments covered not only the drivers’ meals but also their                 
          lodging expenses and incidental expenses, such as the cost of               
          showers, laundry, overnight parking, and local transportation.              
          Assuming that the drivers might have incurred such travel                   
          expenses from time to time, it does not follow that the per diem            
          payments necessarily reimbursed them for such travel expenses.              
          To the contrary, it appears that the subject per diem allowances            
          were insufficient to reimburse the drivers for all such expenses.           
          Because the Revenue Procedures permit deemed substantiation in              
          lieu of actual substantiation of the employees’ travel expenses,            
          the actual amounts and character of each employee’s travel                  
          expenses are unknown and probably unknowable.28  In these                   
          circumstances, it is reasonable and probably necessary for the              
          Commissioner to adopt conventions (such as those contained in               


               27 The portion of the Federal M&IE rate that is attributable           
          to incidental expenses incurred in all continental United States            
          locations is $2.  41 C.F.R. sec. 301-7.12(a)(2)(i) (1994 & 1996).           
               28 Indeed, it is conceivable that some drivers might subsist           
          so Spartanly on the road as to spend very little of their per               
          diem payments, pocketing the unspent payments as untaxed extra              
          compensation.  After all, there is no requirement that employees            
          spend per diem allowances such as those at issue here for any               
          particular purpose or that they remit to the employer any unspent           
          per diem allowance.                                                         




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