- 18 - C. Guaranteed Payment Respondent contends that (1) Hersco may not deduct a $73,122 payment to Eicher, and (2) Eicher may not include the payment in gross income. Petitioners contend that (1) the payment was incorrectly reported as a guaranteed payment on Hersco's 1988 tax return because, in actuality, it was a payment of interest on Eicher's loans to Hersco; (2) Hersco can deduct the interest payment; and (3) Eicher constructively received the payment, and thus Eicher must include the interest payment in gross income. Respondent agrees with petitioners that on Hersco's 1988 partnership return the payment was reported incorrectly as a guaranteed payment. However, respondent contends that (1) Hersco may not deduct the payment because it uses the cash method of accounting, and (2) Eicher conceded that the payment is includable in his gross income. We do not believe that Eicher conceded the issue; the treatment of the payment on Eicher's tax return relates to the treatment of the payment on Hersco's tax return. We do, however, agree with respondent that Hersco may not deduct the payment. 1. Hersco Hersco is a cash basis taxpayer. A cash basis taxpayer may not deduct an expense unless it was paid to its creditors during the tax year. B & L Farms Co. v. United States, 238 F. Supp. 407, 415 (S.D. Fla. 1964), affd. 368 F.2d 571 (5th Cir. 1966); Oklahoma Gas & Elec. Co. v. United States, 333 F. Supp 1178, 1181Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011