American Stores Company and Subsidiaries - Page 44

                                       - 44 -                                         
          apparent under the Star Markets Plan and Acme Markets Plans.                
          Unlike the General Plan, the Star Markets Plan and Acme Markets             
          Plans provide no advance leave in the form of leave entitlement             
          to employees.  Rather, employees are not permitted to take any              
          leave until all of the plans' service requirements are fulfilled.           
          This occurs, at the earliest, on May 1 (the grant date), which is           
          3 months after the close of petitioner's taxable year.                      
               Moreover, as with the General Plan, vacation pay benefits              
          under the Star Markets Plan and Acme Markets Plans are calculated           
          using an employee's rate of pay at the time the vacation is                 
          actually taken, rather than the rate of pay at the end of the               
          taxable year.                                                               
          B.  Respondent's Disallowance of Claimed Deductions Does Not                
          Render Section 463 Meaningless                                              
               1.  The General Plan                                                   
               Respondent contests petitioner's inclusion of the General              
          Plan unused yearend nonvested leave entitlements in its                     
          calculation of vacation pay accruals under section 463 for TYE              
          8701 and TYE 8801.  Petitioner asserts that vacation pay is                 
          earned as of the end of a tax year even if employees must perform           
          additional services after the end of that year to absolutely fix            
          an employer's obligation to provide the vacation pay.  Petitioner           
          posits that the fact that an individual employee did not have a             
          nonforfeitable right to such vacation pay at the close of the               







Page:  Previous  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: May 25, 2011