Boyd Gaming Corporation, F.K.A. The Boyd Group and Subsidiaries - Page 54

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          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.                                                          



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