- 7 - * * * * * * * (c) Employee Gifts.-- (1) In general.--Subsection (a) shall not exclude from gross income any amount transferred by or for an employer to, or for the benefit of, an employee. II. Application A. Substantiation Requirements of Sections 162 and 274(d) As a threshold matter, we deal briefly with the question of whether the expenditures at issue have been substantiated as business expenses to an extent sufficient to comply with the requirements of sections 162 and 274(d). Although respondent makes reference on brief to a lack of substantiation, we are satisfied that the stipulated facts and exhibits meet the criteria imposed by these sections. First, the distributing of gifts or bonuses to customers and employees, particularly at Christmas, has long been accepted as an ordinary and necessary business practice, and we refuse to find otherwise here. See Danz v. Commissioner, 18 T.C. 454, 460, 464 (1952) (stating that bonuses described as “Christmas gifts to employees” were ordinary and necessary expenses), affd. 231 F.2d 673 (9th Cir. 1955); Dobbe v. Commissioner, T.C. Memo. 2000-330 (holding that the cost of golf clubs given to a foreign salesman/broker was an ordinary and necessary business expense); Snyder v. Commissioner, T.C. Memo. 1983-692 (finding that the cost of flowers and fruit baskets given out at Christmas time toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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