Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 37




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          142(a).29  Having relied exclusively upon the deemed                        
          substantiation methods provided in the Revenue Procedures,                  
          petitioner has offered no independent substantiation of the                 
          amounts of lodging or incidental expenses that the Beech Trucking           
          drivers might have incurred, or otherwise established any                   
          reasonable basis for allocating the per diem payments to meals,             
          incidentals, and lodging expenses incurred by the drivers.30                
          Accordingly, petitioner has failed to show that respondent’s                
          determination was in error.  Cf. United States v. St. Louis-S.F.            
          Ry., 537 F.2d 312 (8th Cir. 1976) (taxpayer failed to rebut                 
          Commissioner’s valuation of reusable rail as determined on the              
          basis of an elective method provided by a revenue procedure);               
          Kasey v. Commissioner, 54 T.C. 1642, 1650 (1970) (although an               
          automobile allowance of 10 cents per mile under an elective                 


               29 In certain circumstances, if the taxpayer introduces                
          credible evidence with respect to any factual issue relevant to             
          ascertaining the proper tax liability, sec. 7491 places the                 
          burden of proof on the Commissioner.  See sec. 7491(a); Rule                
          142(a)(2).  Sec. 7491 is effective with respect to court                    
          proceedings arising in connection with examinations commencing              
          after July 22, 1998.  See Internal Revenue Service Restructuring            
          and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c)(2), 112               
          Stat. 685, 726.  Here, respondent’s examinations of Beech                   
          Trucking’s 1995 and 1996 Federal income tax returns commenced               
          before July 23, 1998.  Accordingly, sec. 7491 has no application            
          to this case.                                                               
               30 In particular, the record does not establish the number             
          of days per trip that the drivers would normally pay for separate           
          lodging or for incidentals such as showers, laundry, local                  
          transportation, or overnight parking.  As previously noted, it              
          appears that at least some of the trips for which Beech Trucking            
          paid per diem allowances involved no overnight travel.                      




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