- 5 - he abandoned the activity in September 1993. He has not leased or trained any horses since that time. The first issue for decision is whether petitioner is entitled to exclude from his gross income the per diem payments that he received from Romer during 1993. Petitioner submitted three invoices to Romer on which he claimed that he worked in Minnesota for four days in mid-January 1993 and 2-l/2 days per week for the following 49 weeks for a total of 126-1/2 days for the year. Romer issued three checks to him during 1993 in the total amount of $10,752. Petitioner did not report the $10,752 on his 1993 return. In the statutory notice of deficiency, respondent determined that the payments must be included in gross income. Section 61(a) includes in gross income all income from whatever source derived. Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955). However, section 1.62-2(c)(4), Income Tax Regs., provides: Amounts treated as paid under an accountable plan are excluded from the employee's gross income, are not reported as wages or other compensation on the employee's Form W-2, and are exempt from the withholding and payment of employment taxes * * * [FICA, FUTA, RRTA, RURT, and income tax]. * * * Section 1.62-2(c)(2)(i), Income Tax Regs., provides that in order for amounts paid under an arrangement to be treated as paid under an accountable plan the arrangement must satisfy a business connection requirement, a substantiation requirement, and aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011