- 5 - deduction arising from this payment in the taxable year 1988. Respondent determined that the 1991 deduction, and hence the carryback to 1988, was not allowable. Discussion Resolution of the question before us involves an analysis of several interrelated statutory and regulatory provisions which can only be described as a semantical exercise worthy of Judge Learned Hand's famous commentary on the complexity of the Internal Revenue Code, a commentary which has acquired added significance in the years since it was first articulated.3 As a consequence, we set forth that analysis in order to bring into focus the precise question that we must decide, namely, whether the amounts of the accrued vacation and severance pay were "paid" when the letter of credit was purchased on March 13, 1992. Statutory Framework The parties have stipulated that the purchase of the irrevocable letter of credit was a transfer under section 83, resulting in includability of the value of the interest transferred in the income of the employees as of the date of 3 [T]he words of such an act as the Income Tax * * * merely dance before my eyes in a meaningless procession: cross-reference to cross-reference, exception upon exception * * *. * * * at times I cannot help recalling a saying of William James about certain passages of Hegel: that they were no doubt written with a passion of rationality; but that one cannot help wondering whether to the reader they have any significance save that the words are strung together with syntactical correctness. * * * [Hand, "Thomas Walter Swan," 57 Yale L.J. 167, 169 (1947).]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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