- 46 - presentations. Concerning the deductibility of such items, the parties focused their discussion and arguments at trial and on brief on the following categories: Cash, items purchased at Neiman Marcus, items purchased at Landmark Jewelers Ltd. (other than Rolex watches), Rolex watches, items purchased at Saba’s Western Wear,9 and Boss Day Planners. As relevant here, the proper standard for determining the deductibility of the various items given away by petitioners’ corporations depends upon which of two broad characterizations is applicable to each item. See, e.g., Dobbe v. Commissioner, T.C. Memo. 2000-330, affd. 61 Fed. Appx. 348 (9th Cir. 2003); Jordan v. Commissioner, T.C. Memo. 1991-50; McCue v. Commissioner, T.C. Memo. 1983-580; St. John v. Commissioner, T.C. Memo. 1970-238. Deductions for business gifts within the meaning of section 274 are flatly disallowed to the extent that the expense for gifts to a particular individual exceeds $25 for the taxable year. Sec. 274(b)(1); sec. 1.274-3(a), Income Tax Regs. The term “gift” for purposes of this section is defined as “any item excludable from gross income of the recipient under section 102 which is not excludable from his gross income under any other 9 Due to the abbreviations and other simplification used in many of the documents in the record, the precise name of various of the establishments at which claimed expenditures were incurred is unclear. The Court therefore has sought merely to enable a reasonable identification of the vendors based on available information in the record.Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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