Choate Construction Co. - Page 13

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            (Reynolds), a surety bond agent, worked with Choate for                                      
            petitioner, and with Barrett, Freese, and Dudley for their own                               
            companies.  Reynolds used the following criteria to evaluate the                             
            companies owned by Barrett, Freese, Dudley, and Choate when they                             
            sought surety bonds:  (1) The character and integrity of the key                             
            individual, (2) the capacity and experience of the company to                                
            perform projects they want to undertake, and (3) the amount of                               
            cash in or the financial ability of the company to perform the                               
            contracts.                                                                                   
                                                OPINION                                                  
            A.    Contentions of the Parties                                                             
                  Petitioner deducted the $1,010,000 which it paid to Choate                             
            in 1992.  Respondent determined and contends that it was                                     
            unreasonable to pay Choate more than $265,550, and that part of                              
            the $1,010,000 was not for services that Choate rendered to                                  
            petitioner in 1992.  Respondent's determination is presumed to be                            
            correct.  Rule 142(a).                                                                       
            B.    Background                                                                             
                  A taxpayer may deduct a reasonable allowance for salaries or                           
            other compensation for services actually rendered.  Sec.                                     












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