42 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 thePage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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