Alpha Medical, Inc., f.k.a. Alpha Medical Management, Inc. - Page 13

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          both:  (1) Reasonable in amount, and (2) paid purely for services           
          rendered to the corporation.  Charles Schneider & Co. v.                    
          Commissioner, 500 F.2d 148, 151 (8th Cir. 1974), affg. T.C. Memo.           
          1973-130; sec. 1.162-7(a), Income Tax Regs.  It is clear that               
          bonuses may be part of the allowable deductions as long as the              
          sum of the base pay and the bonuses does not exceed a reasonable            
          compensation.  Pacific Grains, Inc. v. Commissioner, 399 F.2d               
          603, 605 (9th Cir. 1968), affg. T.C. Memo. 1967-7; sec. 1.162-9,            
          Income Tax Regs.3  Neither party has suggested that Rogers did              
          not render valuable services to petitioner.  Accordingly, we will           
          focus on the first element of the deductibility test--whether the           
          amounts of the payments were reasonable.                                    
               Whether the compensation is reasonable is a question to be             
          resolved on the basis of an examination of all the facts and                
          circumstances of the case.  Mayson Manufacturing Co. v.                     
          Commissioner, 178 F.2d 115, 118 (6th Cir. 1949), revg. a                    
          Memorandum Opinion of this Court; Estate of Wallace v.                      
          Commissioner, 95 T.C. 525, 553 (1990), affd. 965 F.2d 1038 (11th            
          Cir. 1992).  Respondent's determination is presumed correct, and            

               3  Sec. 1.162-9, Income Tax Regs., provides in part:                   
               Bonuses to employees will constitute allowable                         
               deductions from gross income when such amounts are made                
               in good faith and as additional compensation for the                   
               services actually rendered by the employees, provided                  
               such payments, when added to the stipulated salaries,                  
               do not exceed reasonable compensation for the services                 
               rendered. * * *                                                        




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