Boyd Gaming Corporation, F.K.A. The Boyd Group and Subsidiaries - Page 3

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          employer" under section 119.1  We hold herein that petitioners do           
          not provide the food and beverages to each of substantially all             
          of their employees for the convenience of the employer, and,                
          hence, that petitioners' deductions are limited by section                  
          274(n)(1) because the food and beverages are not a de minimis               
          fringe benefit under section 274(n)(2)(B).  Unless otherwise                
          stated, section references are to the Internal Revenue Code in              
          effect for the years in issue.  Rule references are to the Tax              
          Court Rules of Practice and Procedure.                                      
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulated facts and the exhibits submitted therewith are               
          incorporated herein by this reference.  The record consists                 
          mainly of these stipulated facts and exhibits and the testimony             
          of numerous witnesses, all of whom were called by petitioners.              
          Petitioners' primary witnesses were:  (1) Robert Boughner,                  
          petitioners' executive vice president during the subject years,             
          (2) John Repetti, CHC's casino manager during the subject years,            
          (3) Steve Thompson, the general manager of Fremont Hotel & Casino           
          (Fremont) during the subject years, (4) Bruce Fraser, the                   
          assistant general manager of Sam’s Town Hotel & Gambling Hall               


               1 The President recently signed into law the Taxpayer Relief           
          Act of 1997 (the 1997 Act), Pub. L. 105-23, 111 Stat. 788.                  
          Sec. 970 of the 1997 Act, 111 Stat. 897, effective for taxable              
          years beginning after Dec. 31, 1997, amended sec. 132(e)(2) so              
          that the cost of a meal provided to an employee for the                     
          convenience of the employer may be deducted in full.  This                  
          amendment parallels the Court's holding in Boyd Gaming Corp. v.             
          Commissioner, 106 T.C. 343, 344, 349 (1996).                                


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