- 19 - The purpose of this exception in section 274(e)(3) is “to prevent the double disallowance of a single expenditure, once to the employee or practitioner, etc., and a second time to the employer or client, etc.” H. Rept. 1447, 87th Cong., 2d Sess. (1962), 1962-3 C.B. 405, 429. The regulations under section 274(e)(3) provide as follows: (iv) Reimbursed entertainment expenses–-(a) Introductory. In the case of any expenditure for entertainment paid or incurred by one person in connection with the performance by him of services for another person (whether or not such other person is an employer) under a reimbursement or other expense allowance arrangement, the limitations on allowability of deductions provided for in paragraphs (a) through (e) of this section shall be applied only once, either (1) to the person who makes the expenditure or (2) to the person who actually bears the expense, but not to both. * * * (b) Reimbursement arrangements between employee and employer. In the case of an expenditure for entertainment paid or incurred by an employee under a reimbursement or other expense allowance arrangement with his employer, the limitations on deductions provided for in paragraphs (a) through (e) of this section shall not apply–- (1) Employees. To the employee except to the extent his employer has treated the expenditure on the employer’s income tax return as originally filed as compensation paid to the employee and as wages to such employee for purposes of withholding under chapter 24 (relating to collection of income tax at source on wages). (2) Employers. To the employer to the extent he has treated the expenditure as compensation and wages paid to an employee in the manner provided in (b)(1) of this subdivision. [Sec. 1.274-2(f)(2)(iv)(a) and (b), Income Tax Regs.]Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011