Charles A. Boyd and Darby A. Harvey - Page 12

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          that Rev. Proc. 94-77, 1994-2 C.B. 825, and Rev. Proc. 96-28,               
          1996-1 C.B. 686, were invalid “insofar as they operate to                   
          characterize the Beech Trucking per diem payments as being solely           
          for meals and incidental expenses (and not for lodging) and to              
          apply the section 274(n) limitation to nonmeal expenses that were           
          covered by the per diem”.  Beech Trucking Co. v. Commissioner,              
          supra at 438.                                                               
               The analysis and reasoning in Beech Trucking Co. apply to              
          this case.  The doctrine of stare decisis is important to this              
          and other Federal courts.  Hesselink v. Commissioner, 97 T.C. 94,           
          99-100 (1991).  Stare decisis is the preferred course because it            
          promotes the evenhanded, predictable, and consistent development            
          of legal principles, fosters reliance on judicial decisions, and            
          contributes to the actual and perceived integrity of the judicial           
          process.  Id. at 99.                                                        
               The key difference between Beech Trucking Co. and this case            
          is that here, petitioners presented evidence at trial as to the             
          estimated, nonmeal travel expenses incurred by Continental’s                
          drivers.  In Beech Trucking Co., the taxpayer “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.”  Beech Trucking Co. v.           






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