Tricon Metals & Services, Inc. - Page 10

                                                    - 10 -10                                                      
             FYE                   Sales                         Total          Conceded by                       
             Aug. 31 Salary   Commissions    Bonus            Compensation      Respondent                        
             1990   $441,104   $167,493    $100,000       $708,597       $550,000                                 
             1991    603,926    139,392     120,000        863,318        600,000                                 
             1992    610,459    117,364     430,000      1,157,823        750,000                                 
                                                    OPINION                                                       
                    Section 162(a)(1) allows a corporation to deduct "a                                           
             reasonable allowance for salaries or other compensation for                                          
             personal services actually rendered" as a business expense.  To                                      
             come within the ambit of section 162(a)(1), the compensation must                                    
             be both reasonable in amount and in fact paid purely for                                             
             services.  Sec. 1.162-7(a), Income Tax Regs.  Although framed as                                     
             a two-prong test, the inquiry under section 162(a)(1) generally                                      
             has turned on whether the amounts of the purported compensation                                      
             payments were reasonable.  Elliotts, Inc. v. Commissioner, 716                                       
             F.2d 1241, 1243-1244 (9th Cir. 1983), revg. and remanding T.C.                                       
             Memo. 1980-282.  What constitutes reasonable compensation to a                                       
             corporate officer is a question of fact to be determined from all                                    
             the facts and circumstances of a case.  Charles Schneider & Co.                                      
             v. Commissioner, 500 F.2d 148, 151 (8th Cir. 1974), affg. T.C.                                       
             Memo. 1973-130; Estate of Wallace v. Commissioner, 95 T.C. 525,                                      
             553 (1990), affd. 965 F.2d 1038 (11th Cir. 1992).  Petitioner has                                    
             the burden of proving that the payments to Ferguson were                                             
             reasonable.  Rule 142(a).  Respondent has conceded that                                              
             petitioner is entitled to a deduction for compensation paid to                                       







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