Jimmy D. and Marlene M. Morloc Weaver - Page 7

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            liability arises out of a taxpayer’s receipt of services                                    
            performed by another person, economic performance generally                                 
            occurs as the services are performed.  Sec. 461(h)(2)(A)(i).                                
                  Respondent argues that section 1.461-1(a)(2)(iii)(D), Income                          
            Tax Regs., mandates that Clarkston also meet the timing rule of                             
            section 404(d) in order to satisfy the requirement of economic                              
            performance.  We agree.  As stated in subdivision (iii)(D):2                                
                  (iii) Alternative timing rules                                                        
                              *     *     *     *      *     *     *                                    
                        (D) Except as otherwise provided in any Internal                                
                  Revenue regulation, revenue procedure, or revenue                                     
                  ruling, the economic performance requirement of section                               
                  461(h) and the regulations thereunder is satisfied to                                 
                  the extent that any amount is otherwise deductible                                    
                  under section 404 (employer contributions to a plan of                                
                  deferred compensation) * * *.                                                         
            As stated in the relevant parts of section 404:                                             
                  SEC. 404. DEDUCTION FOR CONTRIBUTIONS OF AN EMPLOYER TO                               
                              AN EMPLOYEES’ TRUST OR ANNUITY PLAN AND                                   
                              COMPENSATION UNDER A DEFERRED-PAYMENT PLAN.                               
                        (a) General Rule.—If contributions are paid by an                               
                  employer to or under a stock bonus, pension,                                          

            2 We also believe that sec. 1.461-1(a)(2)(iii)(A), Income                                   
            Tax Regs., is relevant to our discussion.  As stated therein:                               
                  (A) If any provision of the Code requires a liability                                 
                  to be taken into account in a taxable year later than                                 
                  the taxable year provided in paragraph (a)(2)(i) of                                   
                  this section, the liability is taken into account as                                  
                  prescribed in that Code provision.  See, for example,                                 
                  section 267 (transactions between related parties) and                                
                  section 464 (farming syndicates).                                                     






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