Venture Funding, Ltd. - Page 12

                                       - 12 -                                         
               In the case at hand, the Commissioner has prescribed an                
          employer-friendly regulatory rule with respect to section 83(h).            
          The Commissioner's regulations, however, do not help petitioner             
          under the facts herein.  The applicable regulations are found in            
          section 1.83-6, Income Tax Regs.  These regulations, which are              
          generally effective for transfers of property after June 30,                
          1969, T.D. 7554, 1978-2 C.B. 71, 82, 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 such services were performed.  The amount of the                  
               deduction is equal to the amount includible as                         
               compensation in the gross income of the service                        
               provider, under section 83(a) * * *, but only to the                   
               extent such amount meets the requirements of section                   
               162 or 212 and the regulations thereunder.  Such                       
               deduction shall be allowed only for the taxable year of                
               such person in which or with which ends the taxable                    
               year of the service provider in which such amount is                   
               includible as compensation.  * * *                                     
                    (2) Special Rule.--If the service provider is an                  
               employee of the person for whom services were                          
               performed, such deduction is allowed for the taxable                   
               year of the employer in which or with which ends the                   
               taxable year of the employee in which such amount is                   
               includible as compensation, but only if the employer                   
               deducts and withholds upon such amount in accordance                   
               with section 3402.  A deduction will not be disallowed                 
               under the preceding sentence if the employer does not                  
               withhold and deduct upon amounts excluded from gross                   
               income, such as amounts excluded under section 79,                     
               section 101(b), or subchapter N. * * *                                 
                    (3) Exceptions.--Where property is substantially                  
               vested upon transfer, the deduction shall be allowed to                
               such person in accordance with his method of accounting                
               (in conformity with section 446 and 461). * * *                        





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011