- 52 - any potential deduction pursuant to the formula in the statute.11 As stated in the Senate Finance Committee report: "The allowable deduction is the amount which the employee is required to recognize as income." S. Rept. 91-552, supra at 123, 1969-3 C.B. at 502. (Emphasis added.) As we stated in Duncan Indus., Inc. v. Commissioner, 73 T.C. at 285: 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 only other requirement concerns timing.12 The majority argues that subparagraph (3) is only an exception to the statutory timing provision. But that is the only statutory requirement that is conceivably in issue. We recently addressed the exception contained in subparagraph (3). In Schmidt Baking Co. v. Commissioner, 107 T.C. 271 (1996), the taxpayer-employer's taxable year ended on December 28. The taxpayer deducted vacation and severance pay that it had accrued as of December 28, 1991, on its return for 11The majority makes no attempt to link the regulatory withholding requirement to the statutory provisions regarding the amount of any deduction and, indeed, there is no linkage. 12As stated in Duncan Indus., Inc. v. Commissioner, 73 T.C. 266, 285 (1979): Section 83(h) is a modification of section 162 which only affects the time and amount of deductions otherwise allowable, when property is transferred in connection with services. * * * [Emphasis added.]Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
Last modified: May 25, 2011