Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 36




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          sections 4.02 and 6.05 of the Revenue Procedures) governing the             
          nature of the deemed-substantiated expenses, where that issue has           
          independent significance under the tax laws.                                
               As pronouncements of general applicability, the Revenue                
          Procedures cannot be expected to mirror perfectly the manifold              
          circumstances of all taxpayers and their traveling employees or             
          of any particular taxpayer’s traveling employees.  As elective              
          procedures meant to mitigate what might otherwise be onerous                
          substantiation burdens for payors of per diem allowances, the               
          Revenue Procedures accomplish, we believe, at least rough                   
          justice.  Giving due regard to the highly detailed nature of the            
          statutory and regulatory scheme involved here, to the specialized           
          experience and information presumably available to the                      
          Commissioner, and to the value of uniformity in administering the           
          national tax laws, we are unpersuaded that the complained-of                
          conditions imposed by section 4.02 or section 6.05 of the Revenue           
          Procedures, as applied in the instant case, are arbitrary or                
          unlawful.  See United States v. Mead Corp., 533 U.S. 218, 234-235           
          (2000).                                                                     
               In any event, even if we were to agree with petitioner that            
          the complained-of conditions imposed by the Revenue Procedures              
          are invalid (which we do not), we would not reach a different               
          result in this case.  The burden of proof is on petitioner.  Rule           








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