Wy'East Color, Inc. An Oregon Corporation - Page 16

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                                       OPINION                                        
          A.   Deductions for Management Fees                                         
               1. Contentions of the Parties                                          
               A taxpayer may deduct payments for management services under           
          section 162 if the payments are for services actually rendered              
          and are reasonable in amount.  American Sav. Bank v.                        
          Commissioner, 56 T.C. 828, 842-843 (1971).  This question is                
          decided based on a consideration of all of the facts and                    
          circumstances of the case.  Id. at 843.  Petitioner bears the               
          burden of proving that it may deduct the management fees it paid.           
          Rule 142(a); Schaffer v. Commissioner, 779 F.2d 849, 857 (2d Cir.           
          1985), affg. in part and remanding in part Mandina v.                       
          Commissioner, T.C. Memo. 1982-34.                                           
               Petitioner deducted management fees it paid to Dacor and               
          Kadac totaling $284,300, $699,359, and $738,239 for fiscal years            
          1989, 1990, and 1991, respectively.  Petitioner contends that it            
          paid the management fees exclusively for personal services and              
          that the fees are reasonable, ordinary, and necessary under                 
          section 162.                                                                
               Respondent contends that the management fees were excessive.           
          Respondent contends that part of the payments was for something             
          other than services, such as disguised dividends, a transfer of             
          wealth from Mr. Cummings to members of his family without gift              
          tax consequences, or a means of evading Oregon income tax.                  





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