UAL Corporation and Subsidiaries - Page 33




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               From the record herein, it appears that United and other               
          airlines, not respondent, initially sought what some might regard           
          as an additional inconsistency in the treatment of the per diem             
          allowances.  Respondent’s audit of the per diem allowances within           
          the airline industry began as employment tax audits of travel               
          expenses.  In the context of those employment tax audits (and               
          while still contesting any employment tax adjustments and likely            
          only as a protective measure against the possibility that the               
          employment tax adjustments might be sustained), United and other            
          airlines raised the issue via claims for refund as to the                   
          deductibility, for corporate income tax purposes, of the                    
          unsubstantiated and excess per diem allowances relating to the              
          overnight trips and of the full per diem allowances relating to             
          the day trips.                                                              
               In the instant income tax controversy and in the majority              
          opinion, it is simply not appropriate to comment negatively on              
          respondent’s position in the pending employment tax litigation              
          with United.                                                                
               As stated, the inconsistencies that we should be focusing on           
          and addressing herein are the many factual inconsistencies                  
          between United’s treatment of the per diem allowances as travel             
          expenses for all purposes other than belatedly for its corporate            
          Federal income tax purposes.                                                








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