- 70 - 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 thePage: Previous 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Next
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