Boyd Gaming Corporation, F.K.A. The Boyd Group and Subsidiaries - Page 70

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          are within this group.  Suffice it to say that this group is                
          relatively small, and an identification of this group would not             
          affect our holding herein.                                                  
               We conclude that none of petitioners' employees may exclude            
          the meals from gross income on account of this factor.                      
               4.  Short Lunch Period With Inability To Eat Elsewhere                 
               An employer furnishes a meal to an employee for a                      
          substantial noncompensatory business reason if 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.  Sec. 1.119-1(a)(2)(ii)(b), Income Tax Regs.                
          Such may be the case, for example, if the employer is engaged in            
          a business in which the peak workload occurs during the normal              
          meal periods.  Id.  Such is not the case when the employer limits           
          the employee's meal period so that the employee may leave work              
          earlier in the day.  Id.                                                    
               Petitioners generally argue that the fact that many of their           
          employees have meal periods of 45 minutes or less means that                
          petitioners have a substantial noncompensatory business reason              
          for furnishing meals to them.  We disagree.  The mere fact that a           
          meal period is 45 minutes or less does not mean that the value of           
          meals that an employee receives without charge at an employer               
          cafeteria is excludable from gross income under section 119.                
          What is critical to this factor is that the employer's business             
          demand that the employee's meal period be short and that the                




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