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The "norm of capitalization": an unwarranted presumption

Article Abstract:

The US Supreme Court 's holding in INDOPCO, Inc. that deductions should be exceptions to the rule of capitalization for business expenses cannot find support in the Tax Code, legislative history, or judicial precedent. The presumption of capitalization is incorrect in light of the congressional intent to tax net income. The Court in Landgraf v. USI Film Products provides preferable guidance, including indicating the value of applying facts to IRC sections 162(a) and 263(a) only when necessary.

Author: Grigsby, McGee, Coe, Cheryl M.
Publisher: CCH, Inc.
Publication Name: Taxes: The Tax Magazine
Subject: Business
ISSN: 0040-0181
Year: 1999
Analysis, Presumptions (Law), Amortization

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Employee cafeterias: recent events impact employers and employees

Article Abstract:

Employers supplying meals to employees in employee cafeterias should reassess related tax accounting methods after reviewing Tax Court decisions and favorable changes made to the law by the IRS Restructuring and Reform Act of 1998. IRC sections 119, 132, and 274, regulatory, and case law should be referenced to resolve issues of inclusion in employee compensatory income and deductibility.

Author: Ivancevich, Susan H., Brody, Richard G., Kowalczyk, Tamara K.
Publisher: CCH, Inc.
Publication Name: Taxes: The Tax Magazine
Subject: Business
ISSN: 0040-0181
Year: 1998
Tax Law, Employee Benefits & Services, Usage, Human resource management, Restaurants

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Gaming industry victorious on employee meals issue

Article Abstract:

The tax issues surrounding the treatment of the value of meals provided to employees by employers in the gaming industry is the focus of this article. The U.S. 9th Circuit Court of Appeals in Boyd Gaming allowed the tax deduction to the employer and exclusion from the employees' income.

Author: Kowalczyk, Tamara K.
Publisher: CCH, Inc.
Publication Name: Taxes: The Tax Magazine
Subject: Business
ISSN: 0040-0181
Year: 1999
Pension, health, and welfare funds, Pension Funds & Benefit Plans, Pension Funds, Compensation and benefits, Gambling industry, Industrial feeding, Employee food services

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Subjects list: United States, Laws, regulations and rules, Expense deductions, Tax deductions, Taxation, Employee benefits
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