Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 3

                                        - 3 -                                         
          imposed by section 274(n)(1)3 applies to the amounts (per diem              
          amounts) that petitioner’s wholly owned subsidiary Transport                
          Leasing/Contract, Inc. (TLC), paid during each of the taxable               
          years at issue to certain truck drivers (truck drivers) in order            
          to cover the amounts that they spent for food and beverages.4  We           
          hold that it does.                                                          
                                  FINDINGS OF FACT5                                   
               Most of the facts have been stipulated and are so found.               
               Petitioner had its principal office in Arden Hills, Minne-             
          sota, at the time it filed the petition in this case.                       


               3Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the taxable years at                
          issue.  All Rule references are to the Tax Court Rules of Prac-             
          tice and Procedure.  As in effect for taxable years that began              
          after Dec. 31, 1993, sec. 274(n)(1) limits a deduction for food             
          or beverages to 50 percent of the amount otherwise allowable (50-           
          percent limitation).  Prior to its amendment by the Omnibus                 
          Budget Reconciliation Act of 1993, Pub. L. 103-66, sec. 13209(a),           
          107 Stat. 469 (OBRA 1993), sec. 274(n)(1) limited a deduction for           
          food or beverages to 80 percent of the amount otherwise allowable           
          (80-percent limitation).  In the instant case, the 80-percent               
          limitation applies to taxable years ended Aug. 31, 1993, and Aug.           
          31, 1994, and the 50-percent limitation applies to taxable years            
          ended on or after Aug. 31, 1995.                                            
               4The parties agree that, in addition to food and beverage              
          expenses, the truck drivers in question paid certain incidental             
          expenses that TLC intended the per diem amounts to cover.  The              
          parties also agree that if the Court were to hold that the                  
          limitation imposed by sec. 274(n)(1) applies, that limitation               
          applies to the total of all per diem amounts that TLC paid during           
          each of the taxable years at issue to those truck drivers.  For             
          convenience, we shall refer only to food and beverage expenses.             
               5Unless otherwise indicated, our Findings of Fact and Opin-            
          ion pertain to the taxable years at issue.                                  





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011