Frank Petar Contracting, Inc. - Page 5

                                        - 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 not                    



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011