UAL Corporation and Subsidiaries - Page 10




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          expenditures for nonovernight day trips are personal expenses of            
          the employees, rather than business travel expenses.  United                
          States v. Correll, 389 U.S. 299 (1967).2  It therefore appears              
          that United intended to pay the allowances to its employees to              
          cover their personal expenses incurred during day trips.  In                
          Commissioner v. Kowalski, 434 U.S. 77 (1977), the Supreme Court             
          held that cash meal payments to an employee were includable in              
          the employee’s gross income.  The Supreme Court noted “the                  
          presumptively compensatory nature of cash payments”.  Id. at 94;            
          see Bank of Stockton v. Commissioner, T.C. Memo. 1977-24                    
          (indicating that if payments made to enable employees’ wives to             
          attend conventions were not deductible as either noncompensatory            
          business expenses or dividends, then the only reasonable                    
          conclusion would be that the payments were in the nature of                 
          additional compensation to the employees and, unless unreasonable           
          in amount, would be deductible as compensation); Anchor Natl.               
          Life Ins. Co. v. Commissioner, 93 T.C. 382, 433 and n.30 (1989)             


               1(...continued)                                                        
          that the type of incidental expenses that were contemplated in              
          structuring the per diem allowances were incurred on day trips.             
          See infra p. 21.                                                            
               2Based on United States v. Correll, 389 U.S. 299 (1967),               
          petitioner has conceded that the day trip allowances were not for           
          travel expenses because its employees’ day trip expenses were not           
          incurred during overnight travel.  Both parties now agree that              
          the only issue regarding day trip allowances is whether they                
          constitute compensation to United’s employees.                              






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