- 8 - satisfication of any amounts due him for consulting and advisory services,” and that “the amount has been acknowledged by the authorized representative of the shareholders to be consistent with the agreements and understandings previously made and entered into.” Hagerman approved the resolution on July 30, 1991. The payment represented 3.3 percent of petitioner’s cumulative gross receipts since 1985. Mohney received a Form 1099 reflecting the payment and included it in income for 1991 as gross receipts from his consulting business. Petitioner deducted the payment in computing its taxable income for the taxable year ended August 31, 1991 (TYE 8/31/91). In her notice of deficiency respondent disallowed the full deduction. Discussion The first issue raised by petitioner’s payment to Mohney of $274,980 in TYE 8/31/91 is whether it may be deducted as compensation. If so, we must decide for what taxable year(s) it is deductible. Section 162(a)(1) provides that deductible business expenses include a reasonable allowance for salaries or other compensation for personal services actually rendered. In general the deductibility of a payment characterized as compensation turns on two requirements: The payment must be purely for services, and it must be reasonable in amount. Elliotts, Inc. v. Commissioner, 716 F.2d 1241, 1243-1244 (9th Cir. 1983), revg. T.C. Memo. 1980-282; sec. 1.162-7(a), IncomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011