James E. and Kathy Walker - Page 4

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          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New                  
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                    
               Section 162(e)(1) provides that the deduction allowed by               
          section 162(a) shall include all the ordinary and necessary                 
          expenses paid or incurred in carrying on a trade or business in             
          direct connection with appearances before or communications with            
          legislative bodies with respect to legislation or proposed                  
          legislation related to a taxpayer's business.  Cloud v.                     
          Commissioner, 97 T.C. 613, 624 (1991).  Section 162(e)(2),                  
          however, does not allow any deduction under section 162(a) for              
          any amount paid or incurred by way of contribution, gift, or                
          otherwise which would be used in any political campaign on behalf           
          of any candidate for public office, regardless of business                  
          purpose.  Id. at 625.                                                       
               Petitioners argue that we should apply section 162(e) as               
          amended by the Omnibus Budget Reconciliation Act of 1993, Pub. L.           
          103-66, sec. 13222, 107 Stat. 312, 477.  In particular,                     
          petitioners argue that the current section 162(e)(5)(A) provides            
          that professional lobbyists, i.e., individuals who are in the               
          trade or business of lobbying, may deduct political contributions           
          under section 162(a).  We need not address petitioners' argument            
          regarding the current section 162(e)(5)(A), since Congress                  
          expressly provided that the section was to be effective only for            
          amounts paid or incurred after December 31, 1993.                           






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