- 18 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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