American Stores Company and Subsidiaries - Page 45

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          taxable year determines only whether the pay is accrued or                  
          vested, not whether it is earned.  Petitioner submits that, when            
          stripped of its trappings, respondent's position is simply that             
          "earned" means accrued, which thereby renders section 463                   
          meaningless.                                                                
               Respondent, on the other hand, contends that nothing in                
          section 463 signals that vacation pay is earned simply because              
          the employer permits its employees to take vacations.  Respondent           
          acknowledges that, under the terms of the General Plan, whether             
          vacation pay was earned happened to coincide with whether it had            
          vested.  Nevertheless, she states that, in making her                       
          determination, she was not swayed by inappropriate factors such             
          as whether the vacation benefits were vested, nonvested, or                 
          contingent, or whether the vacation benefits were subject to                
          conditions subsequent or precedent.                                         
               The Court is persuaded that respondent did not rely on a               
          strict accrual doctrine in contravention of section 463 in                  
          disallowing certain deductions for TYE 8701 and TYE 8801 under              
          the General Plan.  Strict accrual would prohibit any deduction if           
          a possibility existed that the vacation benefits could be                   
          forfeited after the end of the taxable year.  See Rev. Rul. 54-             
          608, 1954-2 C.B. 8.  Such a possibility exists even for the                 
          taxable yearend "vested" benefits under the General Plan, because           








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