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Abstract

The purpose of this article is to dissect the plausibility of taxing frequent flyer miles that were earned by employees on employer-paid travel and later used for personal travel. The first issue for resolution is whether the accrual and utilization of frequent flyer miles earned by an employee while on company-paid travel constitutes compensation for services, and hence gross income, within the meaning of I.R.C. § 61(a)(1). The second issue for resolution is whether the accrual and utilization of frequent flyer miles earned by an employee while on company-paid travel constitutes a taxable fringe benefit, and hence gross income, within the meaning of I.R.C. § 61(a) (1). The third issue for resolution is whether the accrual and utilization of frequent flyer miles earned by an employee while on company-paid travel constitutes a taxable gift within the meaning of I.R.C. § 102(c) (2). Ultimately, this paper will purvey an equitable solution to the many accounting, legal, and policy issues raised by the personal use of frequent flyer miles obtained on company-paid travel.

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