- 10 - employee must accept the lodging as a condition of employment, (2) the lodging must be furnished for the convenience of the employer, and (3) the lodging must be on the business premises of the employer. Sec. 1.119-1(b), Income Tax Regs. The exception to the general rule will not apply, and the value of the lodging will be included in gross income if the employee fails to satisfy any of these three conditions. Dole v. Commissioner, 43 T.C. 697, 705 (1965), affd. per curiam 351 F.2d 308 (1st Cir. 1965); see Commissioner v. Schleier, 515 U.S. 323, 328 (1995) (holding that exclusions from gross income are construed narrowly). There is no dispute in this case that a condition of petitioner’s employment with Raytheon at Pine Gap was petitioner’s acceptance of assigned housing. There is likewise no dispute that such lodging was furnished for the convenience of the employer. At issue is whether the lodging furnished to petitioner in Alice Springs was on the business premises of the employer. Section 1.119-1(c)(1), Income Tax Regs., defines the term “business premises of the employer” as the place of employment of the employee. The Court has construed the phrase “on the business premises” to mean either: (1) Living quarters that constitute an integral part of the business property, or (2) premises on which the employer carries on some of its business activities. See Dole v. Commissioner, supra at 707 (holding thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007