- 54 - If section 119 provides for such an allowance, section 1.119-1(a)(2)(ii)(e), Income Tax Regs., allows petitioners to deduct 100 percent of the costs incurred to provide the meals.7 Boyd Gaming Corp v. Commissioner, 106 T.C. 343 (1996); see also sec. 274(n)(2)(B); sec. 1.132-7(a)(2), Income Tax Regs. If section 119 does not provide for such an allowance, petitioners' deductions for the meals are limited by section 274(n)(1) to 80 percent of the cost of the meals. Petitioners argue that section 119 allows each of substantially all of the employees to exclude the value of the meals from gross income. According to petitioners, they had substantial noncompensatory business reasons for providing meals to each of substantially all of their employees, and petitioners determined reasonably that the meals were excludable from each employee's gross income under section 119. Respondent counters that petitioners cannot determine the number of meals excludable from gross income under section 119, which is a prerequisite to the application of section 1.132-7(a)(2), Income Tax Regs., because petitioners failed to keep the required documentation to 7 Sec. 1.119-1(a)(2)(ii)(e), Income Tax Regs., provides: If the employer furnishes meals to employees at a place of business and the reason for furnishing the meals to each of substantially all of the employees who are furnished the meals is a substantial noncompensatory business reason of the employer, the meals furnished to each other employee will also be regarded as furnished for a substantial noncompensatory business reason of the employer.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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