David E. Benson - Page 9




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          Certain Claimed Gifts                                                       
               Petitioner did not claim any gifts as unreimbursed employee            
          expenses in the 1999 Schedule A included as part of his 1999                
          return.  At trial, however, petitioner maintained that he is                
          entitled to deduct as unreimbursed employee expenses for his                
          taxable year 1999 gifts totaling $1,600 that he claims he gave to           
          customers and prospective customers of McKendree (claimed gifts).           
               Section 162(a) generally allows a deduction for ordinary and           
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  A taxpayer is entitled to               
          deduct under section 162(a) unreimbursed employee business                  
          expenses only to the extent that the taxpayer demonstrates that             
          such taxpayer could not have been reimbursed for such expenses by           
          such taxpayer’s employer.  Podems v. Commissioner, 24 T.C. 21, 23           
          (1955).5                                                                    
               Section 274(b) provides:                                               
               SEC. 274.  DISALLOWANCE OF CERTAIN ENTERTAINMENT, ETC.,                
               EXPENSES.                                                              
                        *     *     *     *     *     *     *                         
                    (b) Gifts.--                                                      
                         (1) Limitation.--No deduction shall be al-                   
                    lowed under section 162 or section 212 for any                    
                    expense for gifts made directly or indirectly to                  
                    any individual to the extent that such expense,                   
                    when added to prior expenses of the taxpayer for                  

               5See also Putnam v. Commissioner, T.C. Memo. 1998-285;                 
          Marshall v. Commissioner, T.C. Memo. 1992-65.                               






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