UAL Corporation and Subsidiaries - Page 26




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          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.                       






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