- 14 - respondent extrapolates that any such distribution of food is a gift within the meaning of section 274 and is thereby subject to the $25 limitation. We, however, disagree with respondent’s premise. While the cited regulation may specify the proper characterization for an item which falls within the section 274 criteria for both a gift and an entertainment expense, it does not establish that the item qualifies as either in the first instance. For that, we must look to the statutory definition. Section 274(b)(1) states expressly that “For purposes of this section, the term ‘gift’ means any item excludable from gross income of the recipient under section 102”. Section 102, in turn, is equally explicit in providing that such section “shall not exclude from gross income any amount transferred by or for an employer to, or for the benefit of, an employee.” Sec. 102(c)(1). The plain language of the sections thus appears to demand the construction advocated by petitioners. Additionally, we note that because this subsection (c) was enacted as part of the Tax Reform Act of 1986, Pub. L. 99-514, sec. 122(b), 100 Stat. 2110, certain earlier cases may be inapposite. We further observe that petitioners’ interpretation would seem to do no violence to the purpose underlying the strict substantiation rules. The aim of these restrictions is “to disallow as business deductions items for which there will be noPage: 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