Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 34




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          agreed the lodging was provided on the employer’s premises.                 
          These cases provided little or no insight as to whether the                 
          grocery reimbursement should be excluded from Mr. and Mrs.                  
          Dobbe’s income under section 119(a) and, thus, do not inform our            
          analysis.                                                                   
               In this case, Mr. and Mrs. Dobbe did not receive in-kind               
          meals.  Mr. and Mrs. Dobbe received cash reimbursement for all              
          grocery expenses dating back to January 1989.  Although the                 
          corporate policy required Holland America to “pay for the                   
          officers meals”, it paid grocery reimbursement instead.  The                
          groceries were consumed by anyone dining in the residence,                  
          including Mr. and Mrs. Dobbe’s children.  The Dobbe family                  
          purchased and consumed the groceries as any other family might              
          have done.  Mr. and Mrs. Dobbe, however, took advantage of the              
          tax laws to obtain nontaxable reimbursement from their                      
          corporation for the entire cost of their daily food consumption.            
          Like the taxpayers in Simpson v. Commissioner, T.C. Memo. 1997-             
          223, “petitioners want the Government to subsidize their daily              
          food consumption.”  Mr. and Mrs. Dobbe are not entitled to such a           
          benefit.  See sec. 262(a).  We hold that Mr. and Mrs. Dobbe are             
          not entitled to exclude the cash reimbursement for groceries from           
          their income under section 119(a).                                          










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