Venture Funding, Ltd. - Page 43

                                       - 43 -                                         
          Section 404(a)(5), which uses the term "includible", is then                
          explained by the Senate Finance Committee by using essentially              
          the same terminology:                                                       
                    The committee provided with respect to nonexempt                  
               trusts that the employer will be allowed a deduction                   
               for his contribution at the time that the employee                     
               recognizes income * * *  [S. Rept. 91-552, supra at                    
               123, 1969-3 C.B. at 502; emphasis added.]                              
          The Senate Finance Committee report uses the phrase "required to            
          recognize" to describe the amount of any deduction under section            
          83(h).  Section 83(h) itself describes the amount of the                    
          deduction as the "amount included" in the gross income of the               
          employee.  The term "recognizes" is used by the Committee to                
          describe the period in which property "is included" in an                   
          employee's gross income in section 83(h).  The term "recognizes"            
          is also used by the Committee to describe the period in which               
          income "is includible" by the employee in section 404(a)(5).                
          Thus, it is reasonable to conclude that the timing provisions of            
          both sections were intended to refer to the year in which income            
          is required to be "included" or is "includible" in the employee's           
          income.                                                                     
               When Congress wants to require actual reporting of gross               
          income, it knows how to say so.  For example, section 1367(b)(1)            
          provides that:                                                              
               An amount which is required to be included in the gross                
               income of a shareholder and shown on his return shall                  
               be taken into account under subparagraph (A) or (B) of                 
               subsection (a)(1) only to the extent such amount is                    





Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011