Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 19




                                       - 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