Skip to main content
I.R.C. Section 274(b) and Duberstein Resurface: The Emperor Still Has No Clothes

Abstract

This Article examines and exposes the confusion in the law regarding employer gifts under section 274(b) of the Internal Revenue Code. The authors conclude that the "detached and disinterested generosity" test articulated in Commissioner v. Duberstein is an inappropriate standard for distinguishing gifts from compensation, thus posing uncertainties for practitioners. The authors then provide practitioners guidance for operating within the current framework and suggest a new method for Congress to handle the problems which prompted section 274(b).

How to Cite

25 Ariz. L. Rev. 907 (1983)

Downloads

Download PDF

99

Views

50

Downloads

Share

Authors

Downloads

Issue

Publication details

Licence

All rights reserved

File Checksums (MD5)

  • PDF: dbce31dfb885dcceefce82f7ccd7416e