- 23 - The facts at hand present a challenging question because petitioner does not fit within either of the revenue rulings. Respondent recognizes the potential discontinuity of coverage between the two rulings and suggests that the resolution should be that there is no revenue ruling explicitly in force which covers the instant case. In my opinion, the inapplicability of Rev. Rul. 84-164, 1984-2 C.B. 63, as recognized in Murphy v. Commissioner, supra, combined with petitioner’s failure to prove entitlement to the deemed substantiation amount in Rev. Rul. 80- 62, 1980-1 C.B. 63, precludes the applicability of either ruling. It follows that the allowances are not deductible by petitioner as “travel” expenses. The issue thus becomes whether petitioner is entitled to deduct the per diem allowances as compensation. In this regard, respondent’s sole argument is that petitioner is not entitled to a deduction under section 162(a)(1) because United did not intend to compensate its employees for personal services rendered when it paid the employees per diem allowances. However, as noted earlier, intent is a pertinent factor to consider, not a prerequisite to deductibility under section 162(a)(1). As explained previously, if the amounts paid to the employees cannot be treated as travel expenses by petitioner, they should be treated as compensation to the employees. In addition, the trial judge has found that United paid the per diem allowances to thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011