- 18 - If Deborah’s argument is that she is entitled to exclude a portion of the annual lease value of the automobile from her gross income, as we interpret it to be, her argument would appear to be grounded in section 132. Section 132 provides that gross income does not include any fringe benefit that qualifies as a working condition fringe. Sec. 132(a)(3). A working condition fringe is defined as “any property * * * provided to an employee of the employer to the extent that, if the employee paid for such property * * * such payment would be allowable as a deduction under section 162 or 167.” Sec. 132(d). The value of property or services furnished to an employee by an employer, however, may not be excluded from an employee’s gross income as a working condition fringe pursuant to section 132 unless the substantiation requirements of either section 274(d) or section 162, whichever is applicable, and related regulations are satisfied. Sec. 1.132-5(c)(1), Income Tax Regs. Section 274(d) provides that no deduction is allowed with respect to the use of “listed property”, as defined in section 280F(d)(4), unless certain elements are substantiated. See sec. 1.274-5T(e)(1)(i), Temporary Income Tax Regs., 50 Fed. Reg. 46026 (Nov. 6, 1985). A passenger automobile of the type furnished to Deborah qualifies as listed property under section 280F(d)(4)(A)(i). Hence, Deborah must satisfy the substantiation requirements of section 274(d) in order to argue successfully shePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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