Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 42

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               We conclude that on balance all the factors favor allowing             
          only as much deductible compensation for Mr. Munro as Mr. Brennan           
          and respondent have conceded is reasonable.  We therefore hold              
          that Pertinax was entitled to deduct $300,000 for compensation              
          paid to Mr. Munro, but no more.  Cf. Guy Schoenecker, Inc. v.               
          Commissioner, T.C. Memo. 1995-539.  We thus sustain a                       
          disallowance of $700,112 in the deduction claimed by Pertinax for           
          compensation payments to Mr. Munro.                                         
          Issue 4.  Management Service Fees Paid by Alondra and Edco                  
               We have held that businesses can deduct management and                 
          consulting fees under section 162(a)(1) only to the extent that             
          they were paid for services actually rendered.  Huber v.                    
          Commissioner, T.C. Memo. 1984-593.  What matters is the nature of           
          the services performed, and not the label put on them by the                
          payor and the payee.  Id.  Petitioners bear the burden of proving           
          what portion of the fees is allocable to deductible expenses.               
          Id.                                                                         
               In these cases, petitioners have established that Pertinax             
          performed management services for the corporate partners.                   
          However, they have not carried their burden of establishing the             
          extent to which the total of $1,249,518 alleged to have been paid           
          to Pertinax by corporate petitioners was in payment for such                
          services.  The bulk of the $906,879 disallowed to Alondra by                
          respondent might well be presumed to consist of the $900,000                
          challenged by respondent.  Aside from a bare statement that the             




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