Ronald and Sue M. Leschke - Page 8




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          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 these              






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