- 20 - 1996-1 C.B. 688. For 1997, the average daily per diem allowance was $32.45, which is less than the Federal M&IE rate of $36. See Rev. Proc. 96-64, 1996-2 C.B. at 429. Accordingly, under section 6.05 of the revenue procedures, the full amount of the per diem payments is treated as being for food and beverages and thus subject to the 50-percent limitation of section 274(n).10 Id. D. Petitioners’ Contentions As in Beech Trucking Co., petitioners argue that the revenue procedures are invalid insofar as they operate (in section 4.02) to characterize the per diem payments as being solely for M&IE and (in section 6.05) to apply the section 274(n) limitations to the full amount of the per diem payments. Petitioners do not argue that the revenue procedures are otherwise invalid; to the contrary, petitioners rely on section 4.01 of the revenue procedures for deemed substantiation of the drivers’ travel expenses and on that part of section 6.05 of the revenue procedures that would permit Continental (absent the provision in section 4.02 which deems the per diem payments to be solely for M&IE) to treat 60 percent of the per diem payments as being reimbursements of the drivers’ lodging expenses. In effect, 10 To the extent that, for 1996, $32.19 was the per diem allowance, only $32 is treated as being for food and beverage and thus subject to the sec. 274(n) limitation. Petitioners must concede this because they have not otherwise substantiated the amount that is greater than that which is deemed substantiated in the revenue procedures.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011