- 18 - 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. Tschetter, as the corporation’s sole employee, was required to be available for duty 24 hours a day. Wolf Creek Farm leased the homestead to Mr. Tschetter. Wolf Creek Farm contracted with Mr. Tschetter 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 have made in order to obtain tax advantages.” Framatome Connectors USA Inc. v. Commissioner, 118 T.C. 32, 70 (2002) (citing Estate of Leavitt v. Commissioner, 875 F.2d 420, 423 (4th Cir. 1989), affg. 90 T.C. 206 (1988), and Grojean v. Commissioner, 248 F.3d 572, 576 (7th Cir. 2001), affg. T.C. Memo. 1999-425). Here, inasmuch as Mr. Tschetter farmed the homestead as a tenant, and not as an employee of Wolf Creek Farm, the food and lodging in question were not furnished to Mr. Tschetter as a corporatePage: 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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