Venture Funding, Ltd. - Page 52

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          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.]                    





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