- 37 - 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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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