- 23 - OPINION18 Section 162(a)(1) allows a corporation to deduct as a business expense "a reasonable allowance for salaries or other compensation for personal services actually rendered". A corpor- ation may be entitled to deduct compensation for the year during which such compensation is paid to an employee, even though the employee performed the services for which he or she is being compensated in a prior year. Lucas v. Ox Fibre Brush Co., 281 U.S. 115, 119 (1930). To be deductible, however, the corporation must show: (1) That the corporation intended to compensate the employee for past undercompensation and (2) the amount of the past undercompensation. Pacific Grains, Inc. v. Commissioner, 399 F.2d 603, 606 (9th Cir. 1968), affg. T.C. Memo. 1967-7; Estate of Wallace v. Commissioner, 95 T.C. 525, 553-554 (1990), affd. 965 F.2d 1038 (11th Cir. 1992). Section 1.162-7(a), Income Tax Regs., establishes "a two- prong test for deductibility under section 162(a)(1): (1) the amount of the compensation must be reasonable and (2) the pay- ments must in fact be purely for services." Elliotts, Inc. v. Commissioner, 716 F.2d 1241, 1243 (9th Cir. 1983), revg. and 18 We have considered all of the arguments made by the parties and, to the extent not discussed herein, have found them to be without merit.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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