- 8 - employees and customers, to promote goodwill, was an ordinary and necessary business expense). Furthermore, the evidence contained in the record establishes the dollar amount for each of these expenditures, indicates that the items were given at Christmas, describes the nature of the items given, stipulates that they were distributed either as “promotional” items or “bonuses”, and identifies the names of the corporate customer or employee recipients and their roles as such. We are convinced that this information comports with the requisites of sections 162 and 274(d). Moreover, we believe that respondent’s allowing of a $25 deduction for each gift certificate and for the majority of the gift baskets represents an implicit concession that the underlying requirements for substantiation have been satisfied on these facts. We thus conclude that to the extent section 162 is and section 274(d) may be applicable to the expenses at issue, the necessary factual basis for deductibility has been shown on this record. We therefore turn to the question of whether other legal principles preclude or limit the available deductions with respect to each of the three forms of expenditure in contention. B. Other Limitations on Deductibility 1. Gift Certificates Petitioners contend that the expenditures made for the gift certificates are fully deductible and are not limited by section 274(b) to a deduction of $25. Petitioners maintain that thesePage: 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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