- 5 - also attended, was held for the purpose of ensuring review of all relevant documents and consideration of all relevant facts in a final effort to settle the bonus issue. For reasons that are not evident from the record, petitioner’s representatives continued to dispute the proposed disallowance of the bonus deduction for FYE 5/31/90. In November 1993 the case was closed to Appeals. At no time during the 8- to 9-month examination did petitioner’s representatives inform the Internal Revenue Service that petitioner had issued Mr. Petar a note evidencing the bonus award during FYE 5/31/90. No corporate documents examined by the Internal Revenue Service revealed the existence of such a note. Although the revenue agent specifically requested petitioner’s corporate minute book, it was never shown to him. In the petition, filed on November 23, 1994, petitioner set forth its objection to respondent’s determination as follows: We disagree with the salary bonus of $100,000.00 accrued on our books [for] FYE 5-31-90 being disallowed. * * * * * * * because we took all necessary steps to make the deduction proper as follows: 1- Took Promissory Note between Frank Petar Contracting Inc. & Frank Petar on 5-23-1990. 2- Reflected income on Frank Petar Form 1040 for 1990. 3- Performed services by Frank Petar for this remuneration during FYE 5-23-90. OPINION Section 267(a)(2) limits the deductibility of a business expense payable to a related person if the amount is notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011