Andrew S. and Linda Hayworth Brenner - Page 14




                                       - 14 -                                         
          of the substantiated expense are treated as paid under a                    
          nonaccountable plan.”  Sec. 1.62-2(c)(3)(ii), Income Tax Regs.              
               Payments 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                
          withholding and payment of employment taxes.  Sec. 1.62-2(c)(4),            
          Income Tax Regs.  Payments under a nonaccountable plan are                  
          included in employee gross income, are reported on the employee’s           
          Form W-2 as wages or other compensation, and are subject to                 
          withholding and payment of employment taxes.  Sec. 1.62-2(c)(5),            
          Income Tax Regs.  Expenses attributable to nonaccountable plan              
          payments are deductible by the employee, but only as                        
          miscellaneous itemized deductions.  Id.                                     
               Section 1.62-2(i), Income Tax Regs., provides that the                 
          requirements of paragraphs (d), (e), and (f) (business                      
          connection, substantiation, and returning excess amounts,                   
          respectively) are to be applied “on an employee-by-employee                 
          basis.”  Thus, violation of one of those requirements by one                
          employee “will not cause amounts to be paid to other employees to           
          be treated as paid under a nonaccountable plan.”  In other words,           
          even if Nomura’s assumed reimbursement of the legal fees violates           
          one of the foregoing requirements of the regulations and is,                
          therefore, treated as made under a nonaccountable plan, Article             








Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011