Frank and Barbara Biehl - Page 26




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          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 origin           






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