By Richard R. Hammar, J.D., LL.M., CPA
© Copyright 1992, 1998 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m27 m94 c0592
The Tax Court ruled that a monthly food and
clothing allowance paid by a church to its minister constituted
taxable income. The church paid the minister $300 each month
for food and clothing expenses. The Tax Court concluded that these
amounts represented taxable income, and further that they were not
deductible. The Court observed that the tax law "provides a
comprehensive definition of gross income" and that this term
"includes income realized in any form, whether in money, property,
or services." Accordingly, "income may be realized in the form of
meals and clothing as well as in cash." In concluding that no part
of the monthly food allowances were tax-deductible, the Court
observed:
Having concluded that petitioner had gross income of $3,600 from his monthly allowance, we now consider whether he is entitled to any deductions in regards thereto. Section 162 provides that there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. Performance of services as an employee constitutes a trade or business; however, employee expenses must be ordinary and necessary to the performance of the employee's duties to be deductible. Expenses for meals are traditionally nondeductible personal expenses. Since food is consumed regardless of one's employment status or ministerial duties, the meal expenses do not qualify under section 162(a) as ordinary and necessary.