Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 42

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                    * * * 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 the               






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