- 12 - made.6 Accordingly, we hold that the corporation is not entitled to deduct the disallowed corporate payments as compensation expenses pursuant to section 162 for the taxable years in issue. We next consider the issue concerning petitioners' interest expense deduction for the Yorkville loan. On Schedule E of their 1988 Federal income tax return, petitioners claimed an interest expense on the Yorkville loan in the amount of $74,723, which respondent disallowed.7 Respondent contends that petitioners did not substantiate that interest on the Yorkville loan was paid. Alternatively, respondent argues that petitioners did not prove that the interest on the Yorkville loan was paid from the 6 As we have concluded that petitioners have not established the requisite intent, we need not address the requirement that the payment be reasonable. 7 At trial, the parties consented to the trial of the issue of whether petitioners are entitled to deduct the interest expense on the Yorkville loan for taxable year 1988. In the notice of deficiency, respondent disallowed the interest expense in the adjustment to the category "Rental Loss (Schedule E)" for taxable year 1988. We note that the notice of deficiency transposed the names of the adjustments to income entitled "Constructive Dividend" and "Rental Loss (Schedule E)". Additionally, we note that, during the course of the proceedings in this Court, respondent asserted that the amounts in issue in the category "Rental Loss (Schedule E)" should be increased for taxable years 1987 and 1988, but did not file a motion for leave to amend the answer. The parties' stipulations as to taxable years 1987 and 1988 are based upon the increased amounts, which are deemed amendments to the pleadings pursuant to Rule 41(b). Nonetheless, as the interest expense on the Yorkville loan was disallowed in the notice of deficiency, petitioners bear the burden of establishing that respondent's determination was erroneous. Rule 142(a).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011