Boyd Gaming Corporation, F.K.A. The Boyd Group and Subsidiaries - Page 59

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          employee's duties to be excludable under section 119.  See                  
          Caratan v. Commissioner, supra at 609.                                      
               We believe that certain factors are helpful in determining             
          whether an employer provides a free meal to an employee for a               
          substantial noncompensatory business reason of the employer.  The           
          presence of a substantial noncompensatory business reason                   
          establishes that a meal is provided for the convenience of the              
          employer and makes unimportant whether the employer also provides           
          the meal to the employee as a source of additional compensation.            
          We use the following factors to aid us in our analysis:                     
          (1) Whether the employer furnishes a meal to an employee before,            
          during, or after the employee's work period, (2) whether the                
          employer requires an employee to live on the employer's business            
          premises as a condition of employment, (3) whether the employer             
          furnishes a meal to an employee during the employee's working               
          hours so that he or she is available to respond to emergencies of           
          the employer that arise during the meal period, (4) whether the             
          employer furnishes a meal to an employee during the employee's              
          working hours because the employer's business demands that the              
          employee's meal period be short and the employee cannot be                  
          expected to eat elsewhere in such a short period of time,                   
          (5) whether the employer furnishes a meal to an employee during             
          the employee's working hours because the employee cannot                    
          otherwise secure a proper meal within a reasonable meal period,             
          (6) whether the employer furnishes a meal to a food service                 




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