- 35 - 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.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