Ronald and Sue M. Leschke - Page 16




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               Respondent, in addition to again referencing substantiation,           
          counters that the bonuses may not now be deducted as compensation           
          because there exists no proof the payments were intended as such            
          at the time made.  Respondent asserts that since the amounts were           
          not included in the wages of the R&J employees, petitioners are             
          precluded from construing them as compensation at this juncture.            
          According to respondent, the bills must be treated as gifts and             
          any deductions, if substantiated, would at best be limited to $25           
          by section 274(b).  Furthermore, to the extent that an employee             
          received both a $100 bill and a gift basket, respondent maintains           
          that only a single $25 deduction is potentially allowable.                  
               Regulations promulgated under section 162 speak to the issue           
          of when bonuses to employees are deductible as compensation:                
               Bonuses to employees will constitute allowable                         
               deductions from gross income when such payments are                    
               made in good faith and as additional compensation for                  
               the services actually rendered by the employees,                       
               provided such payments, when added to the stipulated                   
               salaries, do not exceed a reasonable compensation for                  
               the services rendered.  It is immaterial whether such                  
               bonuses are paid in cash or in kind or partly in cash                  
               and partly in kind.  Donations made to employees and                   
               others, which do not have in them the element of                       
               compensation or which are in excess of reasonable                      
               compensation for services, are not deductible from                     
               gross income.  [Sec. 1.162-9, Income Tax Regs.]                        
               Whether the requisite compensatory intent has been shown in            
          a particular case is a factual question to be decided on the                
          basis of all relevant circumstances.  See Electric & Neon, Inc.             
          v. Commissioner, 56 T.C. 1324, 1340 (1971), affd. without                   






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