- 13 - Concerning the baskets given to employees, petitioners again assert that the related expenditures are fully deductible and are not limited to $25 by section 274(b). Their rationale for doing so differs, however, from that advocated in conjunction with the gift certificates. Principally, petitioners maintain that because gifts to employees are not excludable from income under section 102, they are not “gifts” for purposes of the limitation imposed by section 274(b). In the alternative, petitioners argue that the baskets should be characterized as fully deductible compensation, rather than as gifts. In addition to contentions regarding lack of adequate substantiation, which we rejected above, respondent cites section 1.274-2(b)(1)(iii)(b)(1), Income Tax Regs., in support of the position that any deduction available to R&J is limited by section 274(b). This regulation establishes, for purposes of applying the appropriate set of strict substantiation rules under section 274, the label to be adopted in cases where an expense might be considered either as a gift or for entertainment. Specifically, an “expenditure for packaged food or beverages transferred directly or indirectly to another person intended for consumption at a later time” is deemed a gift. Sec. 1.274- 2(b)(1)(iii)(b)(1), Income Tax Regs. From that statement,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