- 33 - 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.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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