Ronald and Sue M. Leschke - Page 13




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               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,                  










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