- 26 - without limits. The cases acknowledge as much by articulating the bounds of the phrase. Specifically, Fort Howard Corp. v. Commissioner, supra at 353, and Huntsman v. Commissioner, supra at 1185, found a “connection” existed when the expenditure at issue was “integrated” or “integral to” that to which it is allegedly connected. In the context of reimbursement arrangements, the statute, cases, regulations, and legislative history compel the conclusion that legal fees incurred by former employees are not “integrated” with or “integral to” the performance of services as an employee of the employer and therefore fall outside the broad scope of “in connection with”. The teaching of these authorities is that a reimbursed expense can be “in connection with” the performance of services as an employee only if it is incurred by an employee on behalf of the employer that is providing the reimbursement. The business connection requirement of section 62(a)(2)(A) was incorporated into the regulations implementing section 62(c) by section 1.62-2(d), Income Tax Regs. Under section 1.62-2(d), Income Tax Regs., a deductible expense has a business connection if it is “incurred by the employee in connection with the performance of services as an employee of the employer.” (Emphasis added.) The emphasized language clarifies that the expense must be incurred in the course of a current employer- employee relationship, not merely “spawned” by or have its originPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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