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    #16
    Agree - yes

    A comment on the 12K "gift". It is virtually impossible in an employer-employee relationship to have this considered as a gift. It is compensation, income to the employee and deductible by the employer. The Courts have ruled on this many times.

    Section 102(c)(1) requires an employee to include in his/her income "any amount transferred by or for an employer to, or for the benefit of, an employee". The Supreme Court in Commissioner v Duberstein said only in "exceptional" circumstances could a transfer between an employer & an employee be a gift in the statutory sense. If the relationship is "personal" then you may have a gift or if it represents a real wedding or birthday present you may have a gift.

    New York Enrolled Agent

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      #17
      thanks for the insight

      She did just get married, just got back from her honeymoon last week. Would the timing be enough evidence, or would there need to be additional premeditation?

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        #18
        Originally posted by Unregistered
        Agree - yes

        A comment on the 12K "gift". It is virtually impossible in an employer-employee relationship to have this considered as a gift. It is compensation, income to the employee and deductible by the employer. The Courts have ruled on this many times.

        New York Enrolled Agent
        Again I agree with New York Enrolled Agent.

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