UAL Corporation and Subsidiaries - Page 16




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          unless specifically excluded as a de minimis fringe benefit.11              
          The temporary regulations provide:                                          
               Thus, except as otherwise provided in this section, the                
               provision of any cash fringe benefit (or any fringe                    
               benefit provided to an employee through the use of a                   
               charge or credit card) is not excludable as a de                       
               minimis fringe.  For example, the provision of cash to                 
               an employee for personal entertainment is not                          
               excludable as a de minimis fringe.  [Sec. 1.132-6T(c),                 
               Temporary Income Tax Regs., supra.]                                    
               The allowance of a deduction for day trip allowances would             
          not undercut the strict substantiation requirements of section              
          274(d).  Section 274 generally disallows certain entertainment,             
          gift, and travel expenses.  In the case of allowances paid to               
          cover expenses incurred during travel, section 274 applies only             
          if the amount is otherwise deductible as a “travel” expense.                
          Thus, section 1.274-1, Income Tax Regs., provides that “If a                
          deduction is claimed for an expenditure for entertainment, gifts,           
          or travel, the taxpayer must first establish that it is otherwise           
          allowable as a deduction under chapter 1 of the Code before the             
          provisions of section 274 become applicable.”12  Since any meal             

               11Logic dictates that in order for meal money to be excluded           
          from gross income as a “de minimis fringe benefit”, meal money              
          provided to employees must be a “fringe benefit”.                           
               12See sec. 1.274-5(e), Income Tax Regs. (the term “business            
          expenses” includes ordinary and necessary expenses for travel,              
          but does not include personal expenses, and advances,                       
          reimbursements, or allowances for personal expenses must be                 
          reported as income by the employee); sec. 1.274-5T(f)(1),                   
          Temporary Income Tax Regs., 50 Fed. Reg. 46027-46028 (Nov. 6,               
                                                             (continued...)           






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