Charles A. Boyd and Darby A. Harvey - Page 18

                                       - 18 -                                         
               travel for such day * * * is treated as an expense for                 
               food and beverages.  When a per diem allowance is paid                 
               for lodging, meal, and incidental expenses, the payor                  
               must treat an amount equal to the Federal M&IE rate for                
               the locality of travel for each calendar day                           
               * * * the employee is away from home as an expense for                 
               food and beverages.  For purposes of the preceding                     
               sentence, when a per diem allowance for lodging, meal,                 
               and incidental expenses for a full day of travel is                    
               paid at a rate that is less than the Federal per diem                  
               rate for the locality of travel, the payor may treat an                
               amount equal to 40 percent of such per diem allowance                  
               for a full day of travel as the Federal M&IE rate for                  
               the locality of travel.                                                
               C.   Application of the Revenue Procedures                             
               Petitioners claimed deductions for the per diem payments on            
          the basis of the fourth sentence of section 6.05 of the revenue             
          procedures; i.e., they treated 40 percent of the per diem                   
          payments as expenses for food and beverages and thus subject to             
          the section 274(n) 50-percent limitation, and deducted the                  
          remaining 60 percent in full (resulting in a claimed deduction of           
          80 percent of the total per diem payments).                                 
               Respondent contends that, after applying the test set forth            
          in section 4.02 of the revenue procedures, petitioners are not              
          entitled to the claimed treatment because under the revenue                 
          procedures the per diem payments are treated as being made only             
          for M&IE and not for lodging.  Accordingly, respondent contends,            
          under section 6.05 of the revenue procedures, the per diem                  
          payments are treated as being solely for food and beverages and             
          thus fully subject to the 50-percent limitation of section                  
          274(n).  We agree.                                                          





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011