- 47 - 83(h). This interpretation is supported by Duncan Indus., Inc. v. Commissioner, 73 T.C. 266, 285 (1979), where we stated: Section 83(h) expressly allows the person for whom the services were performed to deduct an amount equal to the amount includable in the service performer's income under section 83(a). * * * [Emphasis added.] The majority's interpretation of section 83 conflicts with the interpretation contained in section 1.83-6(a)(1), Income Tax Regs. The majority attempts to reconcile this conflict by describing the regulations as being an "employer friendly" "safe harbor". But such rationalization is only necessary because of the majority's strained interpretation of the term "included". If given a choice between two possible interpretations, we should choose the one that is reasonable and practical rather than assume that Congress intended to set standards for deductions that are impractical, if not impossible, to meet.8 See United States v. American Trucking Associations, Inc., 310 U.S. 534, 543 (1940). The more reasonable and practical interpretation, and the one contained in the applicable interpretative regulations, is that a deduction under section 83(h) is allowed for the employer's taxable year that coincides with the taxable year in which the compensation is "includible" in the service provider's income. 8Indeed, were we to interpret "included" as meaning reported, an employer could arguably take the deduction in any amount for any year that matches the employee's reporting position.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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