American Stores Company and Subsidiaries - Page 49

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          comparison of the plans at issue in the instant case to the plan            
          in I.T. 3956, supra, despite some shared characteristics.                   
               In I.T. 3956, supra, a calendar year employer negotiated a             
          vacation pay plan for its union employees pursuant to which                 
          eligible employees received a vacation entitlement on January 1             
          if they had worked 160 days in the preceding calendar year.  The            
          employer sought to deduct the vacation entitlement in the year in           
          which the 160 days had been worked.  The agreement further                  
          provided that vacations could be scheduled from January 1 to                
          December 31, and that vacation pay was calculated using an                  
          employee's rate of pay at the time the vacation was actually                
          taken.  Moreover, no vacation with pay was due an employee whose            
          employment relationship terminated prior to his scheduled                   
          vacation period.                                                            
               I.T. 3956 concerned the accrual and deduction of vacation              
          pay where the service requirements had already been fulfilled               
          during the preceding calendar year, but where other provisions              
          (such as termination of employment) could lead to the forfeiture            
          of the earned leave.  See Latrobe Steel Co. v. Commissioner, 62             
          T.C. 456, 465 (1974); Oberman Manufacturing Co. v. Commissioner,            
          47 T.C. 471, 477 (1967); Denver & Rio Grande W. R.R. v.                     
          Commissioner, 38 T.C. at 574.  Although employees potentially had           
          to remain employed well after the year of deduction to prevent a            








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