- 10 - that there were no adequate facilities at the base. Respondent, on the contrary, contends that the lodging does not satisfy the three requirements under section 119(c)(2) to constitute a camp. For the reasons stated below, we agree with respondent to the extent that the requirements of section 119(c)(2)(C) have not been satisfied. On the basis of the record in its entirety, the lodging satisfies only the first two requirements under section 119(c)(2). With respect to section 119(c)(2)(A), we conclude that the lodging was provided on behalf of TRW. Respondent argues that because the Form 1099-MISC indicated that the Department of the Air Force provided the housing, the lodging was not provided by the employer. We disagree. Section 119(c)(2)(A) specifically provides that a camp constitutes lodging that is “provided by or on behalf of the employer for the convenience of the employer”. Although it appears that the Department of the Air Force owned the housing units, such housing was provided only to employees working at the base, which presumably includes Australian military personnel, U.S. military personnel, and employees of the institutional contractors working at the base. With respect to section 119(c)(2)(B), we conclude that the lodging was located, as near as practicable, to the base. AsidePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011