UAL Corporation and Subsidiaries - Page 37




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               Further, the first two sentences of section 1.274-5(e),                
          Income Tax Regs., as applicable to 1985, 1986, and 1987, and                
          section 1.274-5T(f)(1), Temporary Income Tax Regs., 50 Fed. Reg.            
          46027 (Nov. 6, 1985), confirm that even if travel expenses are              
          paid in connection with the “performance of services” and are               
          otherwise deductible under section 162 (which is what the                   
          majority opinion holds), they must still satisfy the                        
          substantiation requirements of section 274(d).                              
               A closer look at the relevant statutory language is helpful.           
          There are important differences in the language and operation of            
          section 162(a)(2) (an allowance provision that relates only to              
          overnight travel expenses) and of section 274(d)(1)                         
          (a disallowance provision that relates to any and all travel                
          expenses).                                                                  
               Section 162(a)(2) provides that deductions for all taxpayers           
          are allowed for any:                                                        

                    (2) traveling expenses (including amounts expended for            
               meals and lodging other than amounts which are lavish or               
               extravagant under the circumstances) while away from home in           
               the pursuit of a trade or business.  [Emphasis added.]                 

          Section 274(d)(1), however, in pertinent part provides:                     

                    SEC. 274(d).  Substantiation required.–- No deduction             
               or credit shall be allowed–-                                           
                         (1) under section 162 or 212 for any traveling               
                    expense (including meals and lodging while away from              
                    home),                                                            





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