- 18 - substantiating the deductibility of the expenses is placed on the employee. Id. The attorney’s fees and costs incurred in a wrongful termination suit against a former employer do not meet the first requirement for an accountable plan, the “business connection” requirement of section 62(a)(2)(A), as incorporated in section 1.62-2(d)(1), Income Tax Regs. Because we hold that Mr. Biehl’s attorney’s fee does not satisfy the business connection requirement, we need not reach whether it satisfies the substantiation and return of excess requirements of paragraphs (e) and (f) of the accountable plan regulations.10 Threshold Requirement for Accountable Plan: Deductible Expense The threshold requirement for deducting any expense from gross income in computing adjusted gross income under section 62(a) is that the expense be allowed as a deduction under some 10In Shotgun Delivery, Inc. v. United States, 269 F.3d 969, 972 & n.2 (9th Cir. 2001), the Court of Appeals observed: The district court concluded that Shotgun had failed to establish an adequate business connection for its reimbursement payments. 85 F. Supp. 2d at 965. This conclusion lies at the core of the summary judgment against Shotgun and is the primary bone of contention on appeal.2 * * * 2 The district court also held that Shotgun had not complied with the “return of excess” requirement. 85 F. Supp. 2d at 965-66. We have no need to review that determination, as the lack of an adequate “business connection” is sufficient to invalidate Shotgun’s reimbursement plan.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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