- 35 - majority op. p. 7, except perhaps its ultimate conclusion under which millions of dollars of United’s travel expenses become fully deductible in spite of United’s failure to satisfy the substantiation requirements of section 274(d), discussed below. In Am. Airlines, Inc. v. United States, 204 F.3d 1103, 1108 (Fed. Cir. 2000), in connection with the ongoing employment tax dispute, the U.S. Court of Appeals for the Federal Circuit appears to have held that the travel expenses in issue (if, on remand, they are found to have been reasonably expected to be incurred by the airline employees) could not be recharacterized as wage compensation for employment tax withholding purposes. In this regard, the Court of Appeals for the Federal Circuit relied on and quoted both section 31.3121(a)-1(h) (regarding employment tax withholding) and section 31.3401(a)-1(b)(2) (regarding income tax withholding), Employment Tax Regs., which provide as follows: � 31.3121(a)-1(h): Amounts paid specifically–- either as advances or reimbursements–-for traveling or other bona fide ordinary and necessary expenses incurred or reasonably expected to be incurred in the business of the employer are not wages. Traveling and other reimbursed expenses must be identified either by making a separate payment or by specifically indicating the separate amounts where both wages and expense allowances are combined in a single payment. [Emphasis added.] � 31.3401(a)-1(b)(2): Traveling and other expenses. Amounts paid specifically–-either as 2(...continued) F.2d 876 (5th Cir. 1974); Prince v. Commissioner, T.C. Memo. 1997-324.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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