- 12 - 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. Petitioners contend that the payments to Silbernagel represent compensation for services rendered and for his agreement not to compete with FAMC. Respondent claims that the payments were, in substance, additional payments by Leste and Moore for the stock in FAMC. Respondent contends that FAMC is not entitled to deduct the payments under section 162(a)(1) because Silbernagel performed few or no consulting services for FAMC, and that such payments constitute constructive dividends to Leste and Moore to the extent of FAMC's earnings and profits.4 Apschnikat v. United States, 421 F.2d 910, 913 (6th Cir. 1970); Smith v. Commissioner, 70 T.C. 651, 668 (1978). Petitioners provided little documentation of the work performed by Silbernagel on behalf of FAMC. We are mindful, however, that the consulting and noncompetition agreement entered between FAMC and Silbernagel provided for fixed monthly payments to 4 The parties agree that FAMC had sufficient earnings and profits in all relevant years such that all of the payments to Silbernagel would be eligible for treatment as constructive dividends.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011