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IRS Guidance on the Deductibility of Annual Bonus Payments
Winston & Strawn LLP Link to more items from this source
Dec. 18, 2013

"The IRS Chief Counsel concluded that neither the fact of liability prong nor the amount of liability prong was met with respect to bonuses so long as (i) the taxpayer retains the unilateral right to modify or eliminate the bonuses at any time prior to payment, (ii) the bonuses are subject to board or committee approval, or (iii) subjective calculation need to be made to calculate the amount of the bonuses. These conclusions are generally consistent with previous IRS interpretations of the all events test." [IRS Field Attorney Advice Memorandum 20134301F]

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