- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011