- 42 -42 * * * we conclude that the section 274(n) limita- tion applies to Beech Trucking as the common law em- ployer of its drivers and as the party that (as peti- tioner states on brief) actually bore the expense of the expenditures for which the per diem payments were made [by the company that leased the drivers to Beech Trucking]. * * * We decline petitioner’s invitation to read into the above- quoted or any other statements in Beech Trucking Co. v. Commis- sioner, supra, that, in all instances involving a three-party arrangement among a truck driver who is an employee (truck driver-employee), a trucking company, and a company (driver- leasing company) that provides, for a fee, the services of such a truck driver to such a trucking company, the employer of the truck driver is the person subject to the section 274(n)(1) limitation. The truck driver-employee in such a three-party arrangement might be the person who is subject to the section 274(n)(1) limitation, in which event the employer for which such truck driver worked would not be subject to such limitation. See sec. 274(e)(3); see also sec. 1.274-2(f)(2)(iv)(a), Income Tax Regs. We also decline respondent’s invitation to read into the above-quoted or any other statements in Beech Trucking Co. v. Commissioner, supra, that, in all instances involving a three- party arrangement among a truck driver-employee, a trucking company, and a driver-leasing company, the person who pays or incurs or actually bears the food or beverage expenses is thePage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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