Marc G. Bissonnette and Lillian I. Cone - Page 24

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          section 4.03 of the revenue procedures.  Therefore, his M&IE                
          incurred during the years at issue are subject to the section               
          274(n)(1) 50-percent limitation.                                            
               In the alternative, petitioner argues that if the 50-percent           
          limitation under section 274(n)(1) applies, he is eligible for an           
          exception.  Section 274(n)(2) provides that paragraph (1) shall             
          not apply to any expense if:                                                

                    (E) such expense is for food or beverages--                       
                         (i) required by any Federal law to be                        
                    provided to crew members of a commercial                          
                    vessel,                                                           
                         (ii) provided to crew members of a                           
                    commercial vessel--                                               
                              (I) which is operating on the Great                     
                         Lakes, the Saint Lawrence Seaway, or any                     
                         inland waterway of the United States,                        
                         and                                                          
                              (II) which is of a kind which would                     
                         be required by Federal law to provide                        
                    food and beverages to crew members if it                          
                         were operated at sea,                                        
                    *      *      *      *      *      *      *                       
               Clauses (i) and (ii) of subparagraph (E) shall not apply to            
               vessels primarily engaged in providing luxury water                    
               transportation (determined under the principles of                     
               subsection (m)). * * *                                                 
               The evidence failed to show he qualified for an exception to           
          the section 274(n)(1) 50-percent limitation.  He did not                    
          demonstrate the company was required by any law to provide food             
          or beverages to him or that the Clipper, the Clipper III, or the            





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