Douglas R. and Jane E. Prince - Page 9

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          to section 162.  The corporation bears the burden of proof.  Rule           
          142(a).                                                                     
               Section 162(a)(1) allows as a deduction all the ordinary and           
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business, including "a reasonable                  
          allowance for salaries or other compensation for personal                   
          services actually rendered".  To deduct payments as compensation            
          expenses pursuant to section 162, the taxpayer must establish               
          that the payments are:  (1) Reasonable, and (2) intended to be              
          payments purely for services.  Elliotts, Inc. v. Commissioner,              
          716 F.2d 1241, 1243 (9th Cir. 1983), revg. and remanding on                 
          another issue T.C. Memo. 1980-282; Paula Constr. Co. v.                     
          Commissioner, 58 T.C. 1055, 1058 (1972), affd. without published            
          opinion 474 F.2d 1345 (5th Cir. 1973); Electric & Neon, Inc. v.             
          Commissioner, 56 T.C. 1324, 1340 (1971), affd. without published            
          opinion 496 F.2d 876 (5th Cir. 1974); sec. 1.162-7(a), Income Tax           
          Regs.  Whether the taxpayer has shown the requisite intent to               
          treat the payments as compensation is a factual question to be              
          decided on the basis of the particular facts and circumstances.             
          Electric & Neon, Inc. v. Commissioner, supra.  "Where officer-              
          shareholders, who are in control of a corporation, set their own            
          compensation, careful scrutiny is required to determine whether             
          the alleged compensation is in fact a distribution of profits."             
          Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1156            
          (1980).                                                                     




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