Venture Funding, Ltd. - Page 15

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          regulations, opted to allow a deduction at the time that the                
          corresponding amount was includable in an employee's gross                  
          income, even if the employee did not properly include the                   
          includable amount in his or her income.  As a quid pro quo to               
          receiving the deduction at that time, however, the Commissioner             
          required that the employer deduct and withhold payroll taxes from           
          the underlying payment.                                                     
               Most recently, the Commissioner has amended the regulations            
          under section 83(h) to "more closely [follow] the statutory                 
          language of [that] section".  T.D. 8599, supra, 1995-2 C.B. at              
          13.  The current regulations, which are effective for deductions            
          in taxable years beginning on or after January 1, 1995, but which           
          may be used by employers claiming deductions for any taxable year           
          not closed by the period of limitations under section 6501, read:           
                    �1.83-6.  Deduction by employer.  (a) Allowance of                
               deduction--(1) General rule.  In the case of a transfer                
               of property in connection with the performance of                      
               services * * *, a deduction is allowable under section                 
               162 or 212 to the person for whom the services were                    
               performed.  The amount of the deduction is equal to the                
               amount included as compensation in the gross income of                 
               the service provider under section 83(a) * * *, but                    
               only to the extent the amount meets the requirements of                
               section 162 or 212 and the regulations thereunder.  The                
               deduction is allowed only for the taxable year of that                 
               person in which or with which ends the taxable year of                 
               the service provider in which the amount is included as                
               compensation.  * * *                                                   
                    (2) Special Rule.  For purposes of paragraph                      
               (a)(1) of this section, the service provider is deemed                 
               to have included the amount as compensation in gross                   
               income if the person for whom the services were                        
               performed satisfies in a timely manner all requirements                
               of section 6041 or section 6041A, and the regulations                  




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