Ronald and Sue M. Leschke - Page 12




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          organizations were deserving.  We hold that section 274(b) limits           
          to $25 the deduction available for each of the 36 gift                      
          certificates claimed to represent a deductible expenditure.                 
                    2.  Gift Nut Baskets                                              
               As regards the gift nut baskets, we observe as a preliminary           
          matter that respondent’s determinations include adjustments                 
          reducing the deductions claimed with respect to both the baskets            
          given to nonemployees and those given to employees of R&J.  The             
          pleadings filed by petitioners also dispute disallowed amounts              
          related to both types of recipient.  On brief, however,                     
          petitioners address only their entitlement to increased                     
          deductions for sums expended to purchase the baskets given to               
          those stipulated as employees.  We thus assume, and deem,                   
          petitioners to have conceded that they are allowed to deduct only           
          $25 for each basket given to those designated by stipulation as             
          nonemployees.  See Rules 142(a), 149(b).  In this connection, we            
          also note that respondent has pointed out on brief that conflicts           
          within certain documents in the record may indicate that several            
          recipients of baskets not identified as employees may in fact               
          have held that status.  However, because petitioners do not so              
          argue, and because any such error would be in respondent’s favor            
          based on our resolution below, we accept the parties’ numerical             
          stipulations in this regard.                                                








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