- 27 - general rule in former section 1.83-6(a)(1) permitted the deduction for the amount "includible" in the service provider's gross income. [T.D. 8599, 1995-2 C.B. at 12.] After describing a special rule provided in the regulations in effect from 1978 to 1995 (reasonably characterized as a safe harbor by the majority, majority op. p. 14), the preamble continues as follows: The special rule was designed to ensure that the service recipient's deduction was in fact offset by a corresponding inclusion in the service provider's gross income. [T.D. 8599, 1995-2 C.B. at 12.] The "difficulty" to which the first of these two quotes refers is the service recipient's task of proving that a service provider included the fair market value of property in income. The regulations in effect from 1978 to 1995 presented that "difficulty", prompting the IRS to provide a safe harbor. Thus, the preamble accompanying issuance of the 1995 regulations shows that the meaning of "included" in section 83(h) was the same before and after 1995, and is as the majority holds. III. Judge Ruwe's Dissent's Concerns About Practicality Judge Ruwe's dissent is concerned that the result reached by the majority leads to a rule compliance with which is "impractical, if not impossible" for employers and employees orPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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