- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011