- 19 - property insurance, property taxes, and depreciation related to the farmhouse) qualify as employer-provided meals and lodging expenses, excludable from the Schmidts’ income under section 119 and deductible by Hillside Dairy under section 162. Meals and lodging furnished to an employee by his employer are excluded from the employee’s gross income under section 119 if the meals and lodging are provided for the convenience of the employer on the premises of the employer. In the case of lodging, the employee must be required to accept the lodging on the business premises of his employer as a condition of employment. Meals and lodging are furnished for the “convenience of the employer” if there is a direct nexus between the meals and lodging furnished and the asserted business interests of the employer served thereby. McDonald v. Commissioner, 66 T.C. 223, 230 (1976). Petitioners assert that Mr. Schmidt, as the corporation’s sole employee, was required to be available for duty 24 hours a day. Hillside Dairy leased the Schmidt farm to Mr. Schmidt. Hillside Dairy contracted with Mr. Schmidt as a tenant, not as its employee, to perform all necessary work. It is well settled that “Ordinarily, taxpayers are bound by the form of the transaction they have chosen; taxpayers may not in hindsight recast the transaction as one that they might havePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011