Max Burton Enterprises, Inc. - Page 10

                                       - 10 -                                         

               Mr. Burton’s salary                $ 17,750                            
               Bonus allowed                      88,890                              
               Total allowed                      $106,640                            
               Denovan’s salary                   $ 10,750                            
               Bonus allowed                      56,630                              
               Total allowed                      $ 67,380                            
                                       OPINION                                        
               Section 162(a)(1) allows as a deduction “a reasonable                  
          allowance for salaries or other compensation for personal                   
          services actually rendered”.  Section 1.162-9, Income Tax Regs.,            
          provides that bonuses paid to employees are deductible “when such           
          payments are made in good faith and as additional compensation              
          for the services actually rendered by the employees, provided               
          that such payments, when added to the stipulated salaries, do not           
          exceed a reasonable compensation for the services rendered.”                
               Whether an expense that is claimed pursuant to section                 
          162(a)(1) is reasonable compensation for services rendered is a             
          question of fact that must be decided on the basis of the                   
          particular facts and circumstances.  Paula Constr. Co. v.                   
          Commissioner, 58 T.C. 1055, 1058-1059 (1972), affd. without                 
          published opinion 474 F.2d 1345 (5th Cir. 1973).  The burden is             
          on petitioner to show that it is entitled to a compensation                 
          deduction larger than that allowed by respondent.  Owensby &                
          Kritikos, Inc. v. Commissioner, 819 F.2d 1315, 1324 (5th Cir.               
          1987), affg. T.C. Memo. 1985-267.                                           







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