David E. Benson - Page 12




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          for a gift, i.e., the cost of the gift to the taxpayer; (2) the             
          time of each such expenditure, i.e., the date of the gift;                  
          (3) the description of each such expenditure, i.e., a description           
          of the gift; (4) the business purpose of each such expenditure,             
          i.e., the business reason for the gift or nature of the business            
          benefit derived or expected to be derived as a result of the                
          gift; and (5) the business relationship of each such expenditure,           
          i.e., the occupation or other information relating to the recipi-           
          ent of the gift, including name, title, or other designation,               
          sufficient to establish business relationship to the taxpayer.              
          Sec. 1.274-5T(b)(5), Temporary Income Tax Regs., 50 Fed. Reg.               
          46016 (Nov. 6, 1985).                                                       
               Petitioner testified that he did not use the $1,600                    
          McKendree driving allowance to pay for vehicle expenses, as                 
          required by McKendree’s reimbursement policy.  Instead, according           
          to petitioner’s testimony, he used that driving allowance to pay            
          for the claimed gifts totaling $1,600 to customers and prospec-             
          tive customers of McKendree.  Petitioner testified:                         
               I would basically purchase very inexpensive gifts                      
               generally under $20, give it either to potential cli-                  
               ents or give it to present clients just as a way of                    
               greasing the skids.  So all the gifts I gave I kept                    
               track of.  I know what days I gave it on.                              
                    Sometimes I don’t have exactly who I gave it to,                  
               but other times I did.  I wasn’t exact about writing                   
               down the name of the person.  All that was done in that                
               year.  It was fully expensed, and I basically kept                     
               track of that.                                                         







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