Ronald and Sue M. Leschke - Page 14




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          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 no            






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