- 4 - 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.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011