Ronald and Sue M. Leschke - Page 6




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          deduction to be allowable.  Among items within the purview of               
          section 274 are traveling expenses, entertainment expenses, “any            
          expense for gifts”, and expenses with respect to listed property            
          (as defined in section 280F(d)(4)).  Sec. 274(d).  Accordingly,             
          no deduction is allowed for gifts “unless the taxpayer                      
          substantiates by adequate records or by sufficient evidence                 
          corroborating the taxpayer’s own statement” the amount of the               
          expense, the date and description of the gift, the business                 
          purpose of the expense, and the business relationship to the                
          person receiving the gift.  Id.  Moreover, the available                    
          deduction for even a properly substantiated business gift may be            
          further limited if the gift is of a type subject to the                     
          provisions of section 274(b), set forth in relevant part below:             
                    SEC. 274(b).  Gifts.--                                            
                           (1) Limitation.--No deduction shall be                     
                    allowed under section 162 or section 212 for any                  
                    expense for gifts made directly or indirectly to                  
                    any individual to the extent that such expense,                   
                    when added to prior expenses of the taxpayer for                  
                    gifts made to such individual during the same                     
                    taxable year, exceeds $25.  For purposes of this                  
                    section, the term “gift” means any item excludable                
                    from gross income of the recipient under section                  
                    102 which is not excludable from his gross income                 
                    under any other provision of this chapter * * *                   
               Section 102, in turn, reads as follows:                                
               SEC. 102.  GIFTS AND INHERITANCES.                                     
                    (a) General Rule.--Gross income does not include                  
               the value of property acquired by gift, bequest,                       
               devise, or inheritance.                                                






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