UAL Corporation and Subsidiaries - Page 36




                                       - 36 -                                         
               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 and are not subject to                      
               withholding.  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.]                                   

               United’s attempt to recharacterize as deductible                       
          compensation the day-trip per diem travel allowances and the                
          excess portion (over $14) of the overnight per diem travel                  
          allowances should be rejected.                                              

          The Substantiation Requirements of Section 274(d)                           
               I do not understand the casual manner by which the majority            
          opinion bypasses the substantiation requirements of section                 
          274(d).                                                                     
               It appears to me that the substantiation requirements for              
          travel expenses under section 274(d) are applicable to day-trip             
          travel allowances, as well as to overnight travel allowances.               
          The language of section 1.274-5T(a)(1), Temporary Income Tax                
          Regs., 50 Fed. Reg. 46027 (Nov. 6, 1985), states that “no                   
          deduction or credit shall be allowed with respect to–-(1)                   
          Traveling away from home * * *”.  This regulatory language does             
          not say that the requirements of section 274(d) do not apply to             
          day-trip travel expenses.  Any such reading would be contrary to            
          the explicit language of the statute, as pointed out below.                 






Page:  Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next

Last modified: May 25, 2011