James A. Nielsen - Page 12




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          employees living in company-owned housing 1 mile from where they            
          worked did not constitute living on the business premises of                
          their employer).                                                            
               In Hargrove v. Commissioner, T.C. Memo. 2006-159, the Court            
          held that taxpayers who were employed by an American defense                
          contractor at Pine Gap and who were required, as a condition of             
          their employment, to reside in assigned housing in Alice Springs            
          were not entitled to exclude the value of their lodging because             
          such lodging was not on the business premises of the employer.              
               Although the taxpayers in the Hargrove case were employees             
          of TRW Overseas, Inc. and not Raytheon, we regard that                      
          distinction as one without a difference.  However, because the              
          “camp” provisions of section 119(c) were not expressly discussed            
          in that case, we shall consider that section.8                              
               Section 119(c)(1) provides that if “an individual * * * is             
          furnished lodging in a camp located in a foreign country by or on           
          behalf of his employer, such camp shall be considered to be part            


               8  We are aware of no case discussing the “camp” provisions            
          of sec. 119(c) other than Johnson v. Commissioner, T.C. Memo.               
          1983-479 n.3, which case involved taxable years preceding the               
          effective date of sec. 119(c), and Abeyta v. Commissioner, T.C.             
          Summary Opinion 2005-44.  In the latter case, the Court held that           
          a software engineer who was employed by an American defense                 
          contractor at Pine Gap and who was required, as a condition of              
          his employment, to reside in assigned housing in Alice Springs              
          was not entitled to exclude the value of his lodging because,               
          inter alia, such lodging was not in a camp.  But see sec.                   
          7463(b), restricting the treatment of a small tax case as a                 
          precedent for any other case.                                               






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