UAL Corporation and Subsidiaries - Page 2




                                        - 2 -                                         
               LARO, Judge:  Respondent determined deficiencies of                    
          $1,478,718, $61,867,523, $1,751,161, and $45,981,293 in                     
          petitioner’s 1983, 1984, 1986, and 1987 Federal income taxes,               
          respectively.1  Following concessions, we must decide whether               
          petitioner may deduct the per diem allowances paid to its flight            
          attendants and pilots (collectively, employees) for day trips and           
          overnight trips (as defined below).  We hold it may deduct the              
          per diem allowances as personal service compensation under                  
          section 162(a)(1).2                                                         
                                  FINDINGS OF FACT                                    
               Most facts were stipulated.  The parties’ stipulation of               
          facts and the exhibits submitted therewith are incorporated                 
          herein by this reference.  The stipulated facts are found                   
          accordingly.  Petitioner is a consolidated group of corporations            
          that files a consolidated Federal income tax return on the basis            
          of the calendar year.  Its principal office was in Elk Grove                
          Township, Illinois, when its petition was filed.  United Air                
          Lines, Inc. (United), is an airline that provides passenger and             




               1 Respondent has determined no deficiency for 1985 because             
          the limitations period was closed when the underlying notice of             
          deficiency was issued.  We discuss 1985 because petitioner’s                
          deduction of the per diem allowances for that year affects                  
          petitioner’s tax liability for the subject years.                           
               2 Section references are to the Internal Revenue Code in               
          effect for the subject years.  Rule references are to the Tax               
          Court Rules of Practice and Procedure.                                      




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