Eyefull Incorporated - Page 9

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          Tax Regs.  The focus of the controversy in this case is the                 
          former requirement.2  It is well established that a payment may             
          be deducted as compensation only to the extent that it was                  
          actually intended as such.  Jefferson Block & Supply Co. v.                 
          Commissioner, 59 T.C. 625, 633-634 (1973), affd. without                    
          published opinion 492 F.2d 1243 (6th Cir. 1974); Paula Constr.              
          Co. v. Commissioner, 58 T.C. 1055 (1972), affd. without published           
          opinion 474 F.2d 1345 (5th Cir. 1973); Electric & Neon, Inc. v.             
          Commissioner, 56 T.C. 1324, 1340 (1971), affd. without published            
          opinion 496 F.2d 876 (5th Cir. 1974).  Respondent takes the                 
          position that compensation for prior services was not the purpose           
          of the payment to Mohney, because (1) the services had not been             
          rendered with a view toward compensation; (2) to the extent the             
          services may have been rendered for compensation they were                  
          otherwise fully compensated; and (3) the circumstances of the               
          payment indicate a purpose other than compensation.  In                     
          respondent’s view, the payment was in substance a nondeductible             
          dividend disguised as compensation for prior services and its               
          principal motivation was to avoid liability for the accumulated             
          earnings tax.  We disagree.                                                 



               2 We do not understand respondent to challenge the                     
          reasonableness of the payment in relation to the services                   
          performed.  In the notice of deficiency there was no indication             
          that this was a reason for disallowing the deduction, and                   
          respondent presented no argument on this issue at trial or on               
          brief.                                                                      




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