-15- Notice of Deficiency Respondent determined in the notice of deficiency that only $135,207 of the $1,777,800 compensation (bonus and wages) that petitioner paid Mr. Leonard in 1987 was reasonable. Accordingly, the notice of deficiency disallows the remainder of petitioner's claimed deduction for Mr. Leonard's compensation. OPINION Section 162(a)(1) permits a corporation to deduct “a reasonable allowance for salaries or other compensation for personal services actually rendered” as an ordinary and necessary business expense. Compensation payments are deductible under section 162(a)(1) if they are reasonable, and paid “purely for services” rendered to the business. Sec. 1.162-7(a), Income Tax Regs. More specifically, bonuses paid to employees are deductible only when made in good faith and as additional compensation for services actually rendered by the employees, provided that when added to the salaries, they do not exceed reasonable compensation for the services rendered. Rapco, Inc. v. Commissioner, T.C. Memo. 1995-128, affd. 85 F.3d 950 (2d Cir. 1996); sec. 1.162-9, Income Tax Regs. Courts generally focus on the reasonableness requirement. Elliotts, Inc. v. Commissioner, 716 F.2d 1241, 1243 (9th Cir. 1983), revg. and remanding T.C. Memo. 1980-282.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011