22 OPINION The disputes in these consolidated cases primarily concern the deductibility of: (1) Payments by corporate petitioners Alondra and Edco, which generally went to partnership petitioner Pertinax and which it included in gross income on its Form 1065;11 and (2) payments by Pertinax, most notably of compensation and rent to Mr. Munro. This state of affairs creates a danger of double taxation to corporate petitioners to the extent that they are disallowed deductions for payments to Pertinax at level (1). This is because disallowing deductions to Pertinax at level (2) for payments that originated in receipts from corporate petitioners that are also disallowed as deductions to them at level (1) will cause amounts disallowed to Pertinax to come back to corporate petitioners as distributive shares of partnership income at level (1). In what follows, we will avoid double taxation by treating Pertinax as a conduit so that the unreasonable compensation routed from the corporate partners to Mr. Munro through Pertinax will be regarded for tax purposes as received by Mr. Munro from the corporate partners. We leave the calculations of the amounts of the necessary adjustments to the Rule 155 computations. See discussion infra Issue 6. 11However, rental payments by Alondra, Edco, and Pertinax went directly to Mr. Munro.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011