Boyd Gaming Corporation, F.K.A. The Boyd Group and Subsidiaries - Page 62

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                    Hotel:  Bell Captain, Bell Person, Custodian I,                   
               Custodian II, Guest Room Attendant, Lead Custodian,                    
               Linen Room Attendant, Status Board Operator                            
               Stardust                                                               
                    Casino:  Booth Cashier, Carousel Attendant, Change                
               Attendant                                                              
                    Food & Beverage:  Barback, Cocktail Server                        
                    Hotel:  Alteration Attendant, Bell Captain, Bell                  
               Person, Custodian I, Custodian II, Guest Room                          
               Attendant, Linen Room Attendant, Linen Room Supervisor,                
               Status Board Operator                                                  
               The first meals are outside the reach of section 119.  These           
          meals are not necessary to allow these employees to perform their           
          jobs properly.9  The regulations extend section 119 to a case               
          where a meal is eaten "immediately before" or "immediately after"           
          the start of a shift if the employee's duties prevent him or her            
          from eating the meal during working hours.  See sec. 1.119-                 
          1(a)(2)(i) and (ii)(f), Income Tax Regs.  In other cases, except            
          those that apply to food service employees, a meal eaten before             
          the start of a shift ordinarily does not qualify for exclusion              
          under section 119.  Thus, despite the careful wording in the                
          culinary workers' agreement that the meals are "For the                     
          convenience of the employer", wording which we decline to accept            
          as dispositive, we conclude that the first meals are provided               
          purely as compensation and not for the convenience of the                   

               9 Although most of these employees are covered by the                  
          culinary workers' agreement, none of these employees is a                   
          "restaurant employee or other food service employee" within the             
          meaning of sec. 1.119-1(a)(2)(ii)(d), Income Tax Regs.  See infra           
          pp. 73-74, for our discussion on the inapplicability of this                
          language to the barbacks and cocktail servers.                              


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