24 It is determined that you incurred management service fees of $332,717.00 in lieu of the $1,239,596.00 reported on your return for the tax year ended June 30, 1987. The adjustment of $906,879.00 results from the disallowance of amounts paid by you to Pertinax, Limited * * *, for management services provided to the taxpayer by Pertinax. This adjustment is made because you have failed to establish that the amounts paid were incurred, or if incurred, were paid by you during the taxable year for ordinary and necessary business purposes; or that actual management services were provided for the fees paid. [Emphasis added.] Finally, with respect to wage expenses, the notice states: It is determined that you incurred wage expense on your tax return of $687,167.00 in lieu of the $1,571,315.00 reported on your return for the tax year ended June 30, 1987. The adjustment of $884,148.00 results from the disallowance of amounts paid by you to Pertinax, Limited * * *, and deducted by you as reimbursement for the wages paid to the officers of this corporation who were classified as employees of Pertinax, Limited. This adjustment is made because you have failed to establish that the amounts paid were incurred, or if incurred, were paid by you during the taxable year for ordinary and necessary business purposes, or that the individuals classified as employees of Pertinax were not, in fact, employees of this taxpayer corporation under the provisions of the Internal Revenue Code. [Emphasis added.] The notice to Edco contains substantially identical language. Respondent's answers, filed on July 11 and July 26, 1991, implicitly not only deny that these three categories of payment were fair and reasonable, but also that they were even incurred. Respondent's trial memoranda for the Alondra and Edco cases made clear that respondent was going to require petitioners to establish that the three categories of expenditures had been paid or incurred. Corporate petitioners' motion argues that substantiation of the payments was a new matter not mentioned inPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011