UAL Corporation and Subsidiaries - Page 17




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          expenditures by employees during day trips would not be                     
          deductible by the employees as travel expenses, United States v.            
          Correll, 389 U.S. at 299, section 274(d) has no application.13              
          2.   Overnight Trips                                                        
               The holding that the per diem allowances for overnight trips           
          are deductible as compensation under section 162(a)(1) is                   
          consistent with the characterization of the day trip allowances.            
          However, it is necessary to provide additional explanation for              
          why the allowances for overnight trips are not “travel” expenses            
          as to petitioner.                                                           
               Section 61(a)(1) provides that compensation for services,              
          including fringe benefits, is included in gross income.  Section            
          62(a), which allows an employee a deduction for expenses incurred           




               12(...continued)                                                       
          1985) (same).                                                               
               13Note also that the regulations under sec. 274 regarding              
          substantiation refer only to travel away from home.  Sec. 1.274-            
          5(a)(1) and (b)(2), Income Tax Regs.; sec. 1.274-5T(a)(1) and               
          (b)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,             
          1985).  Thus, this Court declined to apply sec. 274(d) to a                 
          taxpayer’s business use of his automobile which was purely local.           
          Cobb v. Commissioner, 77 T.C. 1096, 1101 (1981), affd. without              
          published opinion 680 F.2d 1388 (5th Cir. 1982); Gestrich v.                
          Commissioner, 74 T.C. 525, 530-531 (1980), affd. without                    
          published opinion 681 F.2d 805 (3d Cir. 1982).  Sec. 274(d) was             
          subsequently amended for taxable years after Dec. 31, 1985, to              
          provide that no deduction shall be allowed for listed property,             
          which includes any passenger automobile, unless strict                      
          substantiation requirements are met.                                        






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