Charles A. Boyd and Darby A. Harvey - Page 2

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                    At trial, Ps presented evidence as to the                         
               estimated, nonmeal travel expenses incurred by C’s                     
               drivers.  C’s drivers testified as to the average                      
               amount of their per diem allowance that they spent on                  
               items such as lodging, truck parking, showers, laundry,                
               and Federal Express charges.                                           
                    Held:  Despite the presentation of evidence at                    
               trial as to the estimated, nonmeal travel expenses                     
               incurred by C’s drivers, Ps have failed to establish a                 
               basis for deducting 80 percent of the per diem                         
               allowance paid to the drivers.  Beech Trucking Co. v.                  
               Commissioner, 118 T.C. 428 (2002), followed.                           
                    Held, further, Pursuant to Rev. Proc. 94-77, 1994-                
               2 C.B. 825, Rev. Proc. 96-28, 1996-1 C.B. 686, and Rev.                
               Proc. 96-64, 1996-2 C.B. 427, Ps may only deduct 50                    
               percent of the per diem allowance paid to the drivers.                 
                    Held, further, sec. 4.02(5) of Rev. Proc. 94-77,                  
               1994-2 C.B. 825, Rev. Proc. 96-28, 1996-1 C.B. 686, and                
               Rev. Proc. 96-64, 1996-2 C.B. 427, is not invalid.                     
                    Held, further, Ps have not substantiated the                      
               actual travel expenses incurred by the drivers pursuant                
               to sec. 274(d), I.R.C.                                                 
                    Held, further, the portion of the per diem                        
               allowance that Ps estimate is allocated to nonmeal                     
               travel expenses may not be deducted in full.                           


               J. Betsy Meacham and Roger D. Rowe, for petitioners.                   
               Caroline R. Krivacka, for respondent.                                  


               VASQUEZ, Judge:  Respondent disallowed deductions of                   
          $836,7292 for the taxable year ending December 31, 1995; $828,067           

               2  Unless otherwise indicated, all section references are to           
                                                             (continued...)           






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