Sutherland Lumber-Southwest, Inc. - Page 14




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               Other portions of section 274 have obvious caps or                     
          limitations on the amount of deduction available to taxpayers.              
          For example, section 274(b)(1) limits deductions for gifts “to              
          the extent that such expense * * * exceeds $25.”  Therefore,                
          section 274(e)(2) could have been phrased “expenses are                     
          deductible to the extent that they do not exceed the amount of              
          expenses treated as compensation” or “to the extent of the amount           
          includible in an employee’s income”.  Congress, however, did not            
          use language that limits the amount deductible to the amounts               
          includable.                                                                 
               There exist numerous other examples in the Internal Revenue            
          Code where Congress intended to place limitations on particular             
          items.  Some are obvious and some more subtle.  By means of                 
          slight yet significant modification to section 274(e)(2), a                 
          limitation, as opposed to an exception, could have been                     
          articulated.  By changing “to the extent that” to “to the extent            
          of”, a limitation could have more unambiguously been placed.  See           
          secs. 119(d)(2), 125(d)(2)(B), 136(b), 165(d), 165(h)(2)(A),                
          170(d)(1)(A), 277(a), and 306(d)(2).                                        
               Section 83 is another example of a section expressly                   
          limiting the amount of an employer’s deduction.  Addressing the             
          deduction available for property transferred for the performance            
          of services, Congress restricted the amount of the deduction to             
          “an amount equal to the amount included * * * in the gross income           





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