From The Tax Adviser:
https://www.thetaxadviser.com/issues/20 ... n2011.htmlThe cash equivalency doctrine essentially provides that if a promise to pay a benefit to an individual, even though unfunded, is unconditional and exchangeable for cash, the promise is the equivalent of cash and is currently taxable. The most succinct description of the cash equivalency theory is found in Cowden
It seems clear that the points issued under most employee reward programs would not be considered a cash equivalent under the Cowden standard. Years after the Cowden decision, however, Treasury issued Regs. Sec. 1.61-2(d)(4), which generally provides that a taxpayer receiving as compensation for services a note or other evidence of indebtedness has income equal to the FMV of the note at the time of its transfer. It could be argued that Regs. Sec. 1.61-2(d)(4) taxes a service provider upon receipt of a note or other evidence of indebtedness from his or her employer for services, regardless of whether the note rises to the level of a cash equivalency under the Cowden test and even though it is unfunded and unsecured.
Unfortunately, the potential conflict between Regs. Sec. 1.61-2(d)(4) and Cowden remains unreconciled. Therefore, to reduce the risk that the points issued under a reward program will be held as an “other evidence of indebtedness,” and hence taxable when awarded under the cash equivalency doctrine, employers should consider including language in their programs that prohibits participants from assigning, alienating, pledging, encumbering, or otherwise transferring their interest in the plan and should include spendthrift provisions precluding its attachment by the participant’s creditors.
Cowden, 32 T.C. 853 (1959), rev’d and remanded, 289 F.2d 20 (5th Cir. 1961), opinion on remand, T.C. Memo. 1961-229.