Ronald and Sue M. Leschke - Page 18




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          issue a Form W-2, and deducted the entire cost as an “Employee              
          Relations” or “Customer Ref” expense.  We nonetheless reiterated            
          that “Whether the golf clubs were given to Mr. Heemskerk as a               
          gift or for services rendered must be determined from all the               
          facts and circumstances.”  Id.  After pointing out that “A                  
          voluntarily executed transfer of property by one to another,                
          without any consideration or compensation therefor, is not                  
          necessarily a gift within the meaning of section 274(b)”, we                
          concluded that the company had “purchased the golf clubs for Mr.            
          Heemskerk as an incentive for future performance and in                     
          appreciation for his past services to the company.”  Id.  A full            
          deduction was permitted under section 162(a).  See id.                      
               We are similarly convinced that the $100 bills here were in            
          fact given in recognition of services performed.  When relatively           
          small cash payments are made to a significant number of non-                
          shareholder employees, and only to employees, we are hard pressed           
          to infer that their labors for the employer were not the                    
          underlying motivation.  This is not a case which presents a                 
          situation of potential disguised dividends to owners, the more              
          typical context for challenges to the deductibility of an alleged           
          bonus.  See Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d              
          1315, 1324 (5th Cir. 1987), affg. T.C. Memo. 1985-267;                      
          Labelgraphics, Inc. v. Commissioner, T.C. Memo. 1998-343, affd.             
          221 F.3d 1091 (9th Cir. 2000).  We therefore hold that the                  






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