- 33 - In support of their argument, petitioners cite McDowell v. Commissioner, supra. In McDowell, the Commissioner argued that the taxpayers were not entitled to exclude the cost of meals from their income because they were prepared by the taxpayers from food purchased at the grocery store. In McDowell, we declined to consider the Commissioner’s argument, which was raised for the first time in the Commissioner’s reply brief, because there was no evidence in the record as to preparation of the meals, and “the rudimentary principles of equity and justice forbid our consideration of this argument.” Id. We did not address whether cash reimbursements for groceries provided under similar circumstances qualified under section 119(a) as in-kind meals. We allowed the exclusion, noting there was no question that the meals were furnished on the business premises of the employer- corporation and the meals were provided for the convenience of the employer-corporation. Our decision in McDowell is distinguishable from this case. Petitioners also rely on Caratan v. Commissioner, 442 F.2d 606 (9th Cir. 1971), revg. 52 T.C. 960 (1969), Johnson v. Commissioner, T.C. Memo. 1985-175, and J. Grant Farms, Inc. v. Commissioner, T.C. Memo. 1985-174. The sole issue in each of these cases was whether the taxpayers were required to accept lodging furnished to them as a condition of their employment as required by section 119(a). In each of these cases, the partiesPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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