- 3 - and tax purposes on the basis of a fiscal year ending May 31 using the accrual method of accounting. Sometime in the middle of May 1990, Messrs. Cunniff and Petar met for the purpose of reviewing petitioner’s results for the taxable year. At this meeting it was decided that petitioner would award Mr. Petar a bonus of $100,000 in consideration of his extraordinary efforts and the company’s favorable performance for the year. The bonus was accrued on petitioner’s books for FYE 5/31/90. For cash-flow reasons Mr. Petar wanted to postpone actual payment until some time in the next fiscal year. Mr. Cunniff advised him that in order for petitioner to claim a deduction for the accrued bonus for FYE 5/31/90, payment would have to be made by August 15, 2-1/2 months following the close of the taxable year. In accordance with its accountant’s advice, petitioner issued Mr. Petar a check for $100,000 on August 14, 1990. In prior years bonuses had always either been paid in cash by the end of the fiscal year or accrued and paid in cash within 2-1/2 months of the fiscal yearend. In no prior year in which actual payment of a bonus was deferred had petitioner issued a note evidencing the accrued liability. On its Federal income tax return (Form 1120) for FYE 5/31/90, petitioner claimed a deduction for compensation of officers in the total amount of $169,800, which included the $100,000 bonus awarded to Mr. Petar. Mr. Petar reported thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011