Boyd Gaming Corporation, f.k.a. The Boyd Group and Subsidiaries - Page 17

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            that charge a fee for their meals.  Accordingly, we will deny                              
            respondent’s motion for partial summary judgment in her favor,                             
            and we will set this case for trial to determine whether                                   
            petitioners qualify for the de minimis fringe benefit exception                            
            to section 274(n)(1).  In denying respondent’s motion, we have                             
            considered all arguments made by her and, to the extent not                                
            discussed above, have found them to be without merit.                                      
                  Turning to petitioners’ argument in support of judgment in                           
            their favor, section 274(e)(8) provides an exception for                                   
            "Expenses for goods or services * * * which are sold by the                                
            taxpayer in a bona fide transaction for an adequate and full                               
            consideration in money or money's worth.”  Petitioners argue that                          
            the meals fall within this statutory language.  Petitioners argue                          
            that they sell the meals to their employees in consideration for                           
            the employees’ services and the employees’ promises not to leave                           
            petitioners’ business premises during breaks.                                              
                  We are not persuaded by petitioners’ arguments on section                            
            274(e)(8).  Put simply, we do not believe that petitioners sold                            
            the meals to their employees in a bona fide transaction for                                
            adequate and full consideration.  We believe that petitioners                              
            merely presented the meals to their employees in connection with                           
            the employees’ employment with petitioners.  To say the least, we                          
            are sure that petitioners’ employees would be surprised to hear                            
            that they were paying arm’s-length, fair market value prices for                           
            the meals.  Yet, this is the holding that petitioners would have                           
            us reach.  Such a holding is unsupported by the record and is                              





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Last modified: May 25, 2011