- 47 - provision of” chapter 1 of the Internal Revenue Code. Sec. 274(b)(1); sec. 1.274-3(b)(1), Income Tax Regs. A gift in this statutory sense, in turn, “proceeds from a ‘detached and disinterested generosity’”. Commissioner v. Duberstein, 363 U.S. 278, 285 (1960) (quoting Commissioner v. LoBue, 351 U.S. 243, 246 (1956)); see also Dobbe v. Commissioner, supra. Such business gifts not in excess of $25 are deductible to the extent that the strict substantiation rules of section 274(d) are satisfied. In contrast, expenditures for transfers made in recognition of past services or as an incentive for future performance have been permitted as deductions under section 162 on grounds that they involve compensation includable in the gross income of the recipient. See, e.g., Dobbe v. Commissioner, supra; McCue v. Commissioner, supra; St. John v. Commissioner, supra. Prizes and awards to sales personnel have been placed in this category. See, e.g., Dobbe v. Commissioner, supra; Jordan v. Commissioner, supra; McCue v. Commissioner, supra. Concerning the cash, Mr. Hartmann and Mr. Deihl testified with regard to petitioners’ practices in giving away cash at distributor conventions. They refer to a convention event known as “Make Joe pay” time, when Mr. Deihl would hand out “cash prizes” or “awards” ranging from approximately $500 up to $2,500. Mr. Deihl also mentioned gimmicks such as taping $20 bills under chair seats for random recipients.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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