UAL Corporation and Subsidiaries - Page 20




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          supra, applies only where the reimbursement includes an amount              
          for lodging expense, and that Rev. Rul. 84-164, supra, applies to           
          situations involving meals and incidental expenses, but not                 
          lodging.  However, Rev. Rul. 80-62, supra, does not require a               
          lodging expense and by its specific terms, Rev. Rul. 84-164,                
          supra, limits its applicability to allowances for meals only and            
          deems $14 as the amount substantiated.                                      
               In analyzing the expenses which the revenue rulings are                
          designed to cover, a logical disconnect surfaces.  Under a plain            
          reading of the two rulings, combined with our decision in Murphy            
          v. Commissioner, supra, the difference between the amount that              
          can be deemed substantiated under each ruling, $30, can be                  
          attributed solely to incidental expenses.  However, Rev. Rul. 80-           
          62, 1980-1 C.B. at 64, also requires that “the employer                     
          reasonably limits payment of such travel expenses to those that             
          are ordinary and necessary in the conduct of the trade or                   
          business”.  Assuming the revenue rulings are consistent in terms            
          of the amount applicable to meals under each ruling, it seems               
          logical that $14 of the allowance petitioner paid would                     
          constitute the amount that the rulings accept as reasonable for             
          meal expenses.  This being so, petitioner would bear the burden             
          of proving that the additional amount of the allowance for                  

               14(...continued)                                                       
          84-164, 1984-2 C.B. 63, to cover meals and incidental expenses).            






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