Douglas R. and Jane E. Prince - Page 11

                                       - 11 -                                         
          corporation intended the disallowed corporate payments to be                
          compensation to petitioner when they were made.  Paula Constr.              
          Co. v. Commissioner, supra at 1059.  Moreover, we decide the case           
          in light of what was done, not what might have been done.  Id. at           
          1060 (and cases cited therein).                                             
               The record in the instant case lacks any credible evidence             
          of the corporation's intent to treat the disallowed corporate               
          payments as compensation for petitioner's services when the                 
          payments were made.  For the taxable years in issue, the                    
          corporation characterized certain amounts other than the                    
          disallowed corporate payments on its Federal income tax returns             
          and petitioner's Forms W-2 as compensation to petitioner, which             
          compensation was included as compensation income on petitioners'            
          Federal income tax returns.  However, neither books or records of           
          the corporation nor testimony were offered to establish that the            
          corporation intended to treat the disallowed corporate payments             
          as compensation for petitioner's services.  Moreover, the                   
          disallowed corporate payments were not characterized as payments            
          of compensation to petitioner on the corporation's Federal income           
          tax returns or on the Forms W-2 that it furnished to petitioner.            
          Finally, the disallowed corporate payments were not reported as             
          income on petitioners' Federal income tax returns.  Based on the            
          record in the instant case, we are not persuaded that the                   
          corporation intended to treat the disallowed corporate payments             
          as compensation for petitioner's services when the payments were            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011