- 58 - Whether an employer provides a meal to an employee for the employer's convenience rests primarily on whether the meal is provided to the employee for a substantial noncompensatory business reason of the employer. See sec. 1.119-1(a)(2)(i) and (ii)(e), Income Tax Regs. Such a determination is factual, Jacob v. United States, 493 F.2d 1294, 1297 (3d Cir. 1974); Olkjer v. Commissioner, 32 T.C. 464, 468 (1959); sec. 1.119-1(a)(1), Income Tax Regs., and petitioners bear the burden of proof, Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Caratan v. Commissioner, 442 F.2d 606, 608 (9th Cir. 1971), revg. 52 T.C. 960 (1969); American Pipe & Steel Corp. v. Commissioner, 243 F.2d 125, 126-127 (9th Cir. 1957), affg. 25 T.C. 351 (1955); Olkjer v. Commissioner, supra at 468. A substantial noncompensatory business reason requires a business nexus under which the "employee must accept * * * [the] meals * * * in order properly to perform his duties." Commissioner v. Kowalski, supra at 93 (quoting S. Rept. 1622, 83d Cong., 2d Sess. 190 (1954)); see also Van Rosen v. Commissioner, 17 T.C. 834, 838 (1951). That the employer may characterize the meal as noncompensatory, or that the employer intends that the employee receive the meal without tax consequences, is of no relevance to the application of section 119. Commissioner v. Kowalski, supra at 88-95. The same is true with respect to whether the employee could perform his or her job absent the meal. A meal need not be indispensable to anPage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
Last modified: May 25, 2011