- 14 - 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 incomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011