- 17 - 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 isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011