- 5 - deduction for expenses incurred in providing the benefit if the value of the noncash fringe benefit is includable in the recipient employee’s gross income. Sec. 1.162-25T, Temporary Income Tax Regs., 50 Fed. Reg. 755 (Jan. 7, 1985), amended 50 Fed. Reg. 46013 (Nov. 6, 1985); see sec. 1.61-21(b), Income Tax Regs. (employee is required to include in gross income the value of any fringe benefit received). The employer may not deduct the value reported to an employee as compensation; rather, the employer is required to deduct its costs incurred in providing the benefit to the employee. Sec. 1.162-25T, Temporary Income Tax Regs., supra. Some deductions previously allowable under section 162 were disallowed by the enactment of section 274. Section 274(a)(1)(A) generally provides for the disallowance of deductions involving an entertainment, amusement, or recreation activity. Section 274(a)(1)(B) disallows the deduction of otherwise allowable expenses incurred with respect to a facility used in connection with such activity.5 However, section 274(e)(2) provides that 5For purposes of this analysis, we assume without deciding, that the Gulfstream was a facility within the meaning of sec. 274(a)(1)(B). The parties dispute whether the Gulfstream was a “facility” used in connection with “an activity which is of a type generally considered to constitute entertainment, amusement, or recreation”. Sec. 274(a)(1)(A) and (B). However, as we noted in Sutherland Lumber-Southwest, Inc. v. Commissioner, 114 T.C. 197, 202 n.3 (2000), affd. per curiam __ F.3d __ (8th Cir., July 3, 2001), we need not decide this because sec. 274(e)(2) removes petitioner’s deduction from the reach of sec. 274 and “provides a universal answer to the controversy between the parties here.”Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011