Sutherland Lumber-Southwest, Inc. - Page 10




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          aircraft, for purposes of computing the amount of income taxable            
          to the employee.  See sec. 1.61-21(g), Income Tax Regs.  Such               
          rates do not bear a correlation to the actual costs incurred by             
          the aircraft’s owner/operator.  Instead, the rates are derived              
          from use of a percentage of commercial flight fares.  “[T]he                
          multiples used are intended to approximate coach and first-class            
          fares on commercial airlines (e.g., 125 percent of the SIFL                 
          [Standard Industry Fare Level] rates approximates coach fare and            
          200 percent of the SIFL rates approximates first-class fare).”              
          50 Fed. Reg. 52281, 52283 (Dec. 23, 1985) (prefatory language to            
          sec. 1.61-2T, Temporary Income Tax Regs.).  The use of this                 
          bright-line approach can result in uneven or differing                      
          treatment.4  As a result, in some cases, such as the one under              
          consideration, it is possible that an employee would be required            
          to report a lower value as income while the employer would be               
          allowed to deduct a higher cost amount.  The opposite result                
          could also occur; i.e., the value of an employee’s use or benefit           
          is greater than the cost to the employer.  In that setting, the             
          employer would be limited to deducting cost, even though the                
          employee would be required to report income in excess of the                
          allowable deduction.                                                        

               4 See 131 Cong. Rec. 7305-7310 (1985), wherein Senator                 
          Metzenbaum discussed the differences in the cost of travel in a             
          small plane, which could be less than the SIFL value imputed as             
          income, and in a luxury plane, which could be greater than the              
          SIFL value imputed as income.                                               




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