- 26 - 3. Conclusion The per diem allowances are not deductible by petitioner as travel expenses. However, these allowances were required under the terms of the employment contract that petitioner negotiated with the union. Petitioner had to pay the allowances in order to receive the services of its employees. The amount of the per diem allowance paid to each individual employee was determined based on the number of hours he or she worked while on duty or on flight assignment and was directly tied to the quantity of services rendered. The per diem payments were paid for services actually rendered by the employees and are deductible under section 162(a)(1).21 WELLS, CHABOT, GERBER, GALE, and MARVEL, JJ., agree with this concurring opinion. 20(...continued) allowances are deductible as compensation was predicated on respondent’s determination that the allowances were “wages” for employment tax purposes. 21For purposes of this case, respondent has conceded that if the per diem allowances are deductible as compensation, then the percentage limitations of sec. 274(n) will not apply.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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