UAL Corporation and Subsidiaries - Page 41




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               It appears to me that the above language constitutes a                 
          blanket disqualification of the $44 Ruling where there are no               
          lodging expenses relating to overnight travel to be paid out of             
          per diem travel allowances.  As I read the language of the $14              
          Ruling, in the context of overnight travel, the maximum allowable           
          amount that may be deducted under any provision of section 162              
          without substantiation can be no more than $14 per day in two               
          instances:  (1) Where only employee meals are covered by the                
          allowances, or (2) where there are no lodging expenses.  Our                
          memorandum opinion to the contrary in Murphy v. Commissioner, T.C.          
          Memo. 1993-292, does not constitute binding precedent and should            
          not be followed.4                                                           
               In the present case, because there were no lodging expenses            
          to be paid by United’s employees out of the overnight per diem              
          travel allowances the employees received, section 274(d)(1)                 
          limits the maximum amount deemed substantiated under United’s per           
          diem program to $14 per day.                                                

          Union Negotiations                                                          
               United and the labor unions specifically bargained for and             
          characterized the per diem allowances in the union contracts as             
          travel expenses.  United did not pay employment taxes on the per            



               4  In Rev. Proc. 89-67, sec. 2, 1989-2 C.B. 795, 797, it was           
          made even clearer that without lodging expenses per diem                    
          allowances would be subject to the $14 limitation.                          





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