- 7 - 1990 deduction, $1,580,631 of petitioner's 1991 deduction, and $1,198,677 of petitioner's 1992 deduction. The petition in this case was filed on March 6, 1995. OPINION I. Deductibility of Plan Payments Section 162(a) provides that a taxpayer may deduct all "ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business". Such expenses may include "a reasonable allowance for salaries or other compensation for personal services actually rendered". Sec. 162(a)(1); sec. 1.162-7(a), Income Tax Regs. For such an expense to be deductible, two elements must be present: (1) The amount must be reasonable, and (2) the expense must relate to compensation for services actually rendered. Elliotts, Inc. v. Commissioner, 716 F.2d 1241, 1243 (9th Cir. 1983), revg. T.C. Memo. 1980-282. Where there is evidence that an otherwise reasonable compensation payment contains a disguised dividend, we may expand our inquiry into the existence or nonexistence of compensatory intent. Id. at 1244; see also Ruf v. Commissioner, T.C. Memo. 1993-81, affd. without published opinion 57 F.3d 1078 (9th Cir. 1995). Numerous factors in the present case lead us to conclude that the plan allocations were not intended as compensation for services rendered. First, in 1990, 1991, and 1992, petitioner paid Messrs. Blazick and Richter salaries and bonuses totalingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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