- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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