H & A International Jewelry, Ltd. - Page 27

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               The Amount of Compensation Paid to Mr. Haviv in the                    
          Previous Years.                                                             
               Petitioner contends that part of Mr. Haviv's payment for               
          1991 and 1992 was for services rendered in prior years.  Under              
          some circumstances prior services may be compensated for in a               
          later year.  Lucas v. Ox Fibre Brush Co, 281 U.S. 115 (1930);               
          Estate of Wallace v. Commissioner, 95 T.C. at 553.  However, it             
          is incumbent on a taxpayer claiming that part of the payment to             
          an officer in the current year is for services rendered for prior           
          periods to show that the officer was not sufficiently compensated           
          in the prior year and that in fact the current year's                       
          compensation was to compensate for that underpayment.  Pacific              
          Grains, Inc. v. Commissioner, 399 F.2d at 606; Home Interiors &             
          Gifts, Inc. v. Commissioner, 73 T.C. at 1156.                               
               There is evidence in the record to show that Mr. Haviv may             
          not have been paid in full for the services he rendered to                  
          petitioner in the years 1983 to 1987.  Before creating                      
          petitioner, Mr. Haviv had worked for several years for other                
          employers in the jewelry industry.  Mr. Haviv was the sole                  
          purchaser, supervised most sales, and traveled overseas for                 
          petitioner.  The record shows that petitioner paid Mr. Haviv                
          $10,000, $25,000, $25,000, and $47,000, in 1984, 1985, 1986, and            
          1987, respectively.  However, we do not find any evidence, with             
          the exception of Mr. Haviv's unsupported testimony, that Mr.                
          Haviv's compensation in 1991 and 1992 was to compensate for his             
          underpayment of prior years.  The minutes from the shareholder              



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