Venture Funding, Ltd. - Page 51

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               If the service provider is an employee of the person                   
               for whom services were performed, such deduction is                    
               allowed for the taxable year of the employer in which                  
               or with which ends the taxable year of the employee in                 
               which such amount is includible as compensation, but                   
               only if the employer deducts and withholds upon such                   
               amount in accordance with section 3402.  * * *  [Sec.                  
               1.83-6(a)(2), Income Tax Regs.]                                        
               The literal terms of the withholding requirement in the                
          above-quoted regulation apply only where the deduction is allowed           
          for the employer's taxable year in which or with which ends the             
          taxable year in which the compensation is includible in the                 
          employees' income; i.e., where the timing rules of section 83(h)            
          apply.  The withholding requirement does not purport to apply to            
          other situations, such as where the deduction is allowed in                 
          accordance with the employer's own accounting method pursuant to            
          subparagraph (3).                                                           
               The majority states that the regulations under section 83(h)           
          implement the following three requirements for deductibility:               
          (1) The requirements of sections 162 or 212; (2) the requirements           
          of section 83(h) regarding the amount of the deduction; and (3)             
          the requirements of section 83(h) regarding the timing of the               
          deduction.  There is no question in this case that the transfer             
          of property qualifies for deduction under section 162.                      
          Deductions under section 162 are not conditioned on withholding.            
          There is also no question in this case regarding the amount of              








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