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motion for reconsideration of the Court’s Opinion in this case
(petitioner’s motion for reconsideration) set forth in 123 T.C.
154 (2004) (Transport Labor I) and petitioner’s motion to vacate
or revise the Court’s decision in this case (petitioner’s motion
to vacate). The Court held in Transport Labor I that the limita-
tion imposed by section 274(n)(1)1 (section 274(n)(1) limitation)
applied 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 in order to cover the amounts that they spent for food
and beverages.2
Background
We incorporate herein by reference the findings of fact set
forth in Transport Labor I. We repeat here the facts helpful in
understanding the discussion that follows.
TLC was a driver-leasing company that leased one or more
truck drivers to small and mid-sized independent trucking compa-
nies which used such truck drivers to transport goods and mer-
1All 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 Practice and Procedure.
2We shall refer to such expenses as food and beverage ex-
penses. See Transp. Labor Contract/Leasing, Inc. & Subs. v.
Commissioner, 123 T.C. 154, 155 n.4 (2004).
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