Venture Funding, Ltd. - Page 46

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               of the person who provided the services, at the time                   
               the compensation becomes includible in the gross income                
               of the person who performed the services.  This timing                 
               rule is a change from the regulations as proposed in                   
               1971, which allowed a deduction at the time an amount                  
               was actually included in gross income.  This change was                
               suggested by public comments to the regulations as                     
               proposed in 1971.  [T.D. 7554, 1978-2 C.B. at 72-73;                   
               emphasis added.]                                                       

               There is nothing in T.D. 7554, supra, to indicate that these           
          regulatory provisions allowing the deduction "at the time the               
          compensation becomes includible" were intended to be anything               
          other than a proper interpretation of the statutory language of             
          section 83(h).  Nothing in T.D. 7554, supra, describes the use of           
          the word "includible" as a "safe harbor" or an "employer                    
          friendly" variance from the statutory requirement.  Indeed, T.D.            
          7554, supra, states that the U.S. Treasury Department rejected              
          any suggested regulatory language that conflicted with the                  
          express statutory language.                                                 

               Many comments suggested changes that either conflicted                 
               with the express statutory language or would have made                 
               the regulations unreasonably long and complex.  Those                  
               suggestions were rejected.  [Id., 1978-2 C.B. at 73.]                  

          It is clear that use of the word "includible" in the regulations            
          is used in the sense that the law requires inclusion.  Those                
          regulations remained in effect for 17 years and apply to the                
          years in issue.  I believe that section 1.83-6(a)(1), Income Tax            
          Regs., is a proper interpretation of the requirements of section            






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