- 8 - 88 T.C. 1562, 1564-1565 (1987), affd. without published opinion 851 F.2d 362 (11th Cir. 1988). Although section 274(a) is designed generally to prohibit deductions for certain entertainment-related expenses, section 274(e)(2) provides that the deduction disallowance provision of section 274(a) will not apply to: Expenses treated as compensation.--Expenses for goods, services, and facilities, to the extent that the expenses are treated by the taxpayer, with respect to the recipient of the entertainment, amusement, or recreation, as compensation to an employee on the taxpayer’s return of tax under this chapter and as wages to such employee for purposes of chapter 24 (relating to withholding of income tax at source on wages). [Emphasis added.] Petitioner argues that the “to the extent” language acts to except its deduction, as claimed, from the reach of section 274. Conversely, respondent argues that the “to the extent” language acts to limit petitioner’s deduction to the amount includable as income by its employees. Respondent agrees that, but for section 274, petitioner’s claimed deduction would be allowable in full. In addition, respondent does not challenge petitioner’s fringe benefit income value calculations under section 61. Even on the assumption that section 274 applies, if we hold that subsection 274(e)(2) removes petitioner’s deduction from the reach of section 274, thenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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