- 25 - provision. While the term "includible" is interchangeable with "included" in section 83(a) without affecting the result, it is definitely not interchangeable in section 83(h). The effect of applying the maxim regarding consistent use of terms here would be to override the plain meaning of the term "included" in section 83(h) and to significantly alter the meaning of section 83(h). II. The 1995 Regulations Judge Ruwe's dissent does not take into account the 1995 amendments to the section 83(h) regulations or the accompanying preamble, both of which shed important light on the issue in dispute here. The 1995 regulations under section 83(h) provide a safe harbor under which a service provider is deemed to have included an amount as compensation in gross income if the person for whom the services were performed timely meets Form W-2 or Form 1099 reporting requirements under sections 6041 or 6041A. Sec. 1.83- 6(a)(2), Income Tax Regs. The preamble accompanying the 1995 amendments to those regulations states that, absent qualification under that special rule, the employer must show that the employee "actually included" the amount in income in order to support its deduction of the amount. T.D. 8599, 1995-2 C.B. 12, 12-13. The 1995 amendments to the section 83(h) regulations and the preamble accompanying them show that the Commissioner'sPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011