Joseph A. and Sari F. Deihl - Page 47

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          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.                                          






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