- 10 - December 31, 1992 and 1993, Exacto held cash, cash equivalents, and marketable securities in the amounts of $2,792,123 and $3,129,900, respectively. Respondent determined that Mr. and Mrs. Heitz had constructively received interest income in the amounts of $87,056 and $106,903 for 1992 and 1993, respectively. OPINION Issue 1. Reasonable Compensation Section 162(a)(1) provides for a deduction for ordinary and necessary business expenses including a “reasonable allowance for salaries or other compensation for personal services actually rendered”. A two-prong test determines deductibility: (1) Whether the amount of compensation is reasonable in relation to services performed, and (2) whether the payment is in fact purely for services rendered. Summit Publg. Co. v. Commissioner, T.C. Memo. 1990-288; sec. 1.162-7(a), Income Tax Regs. The inquiry into reasonableness is a broad one and generally subsumes the inquiry into compensatory intent. Summit Publg. Co. v. Commissioner, supra. Petitioner must show the reasonableness of the compensation. Rule 142(a). The reasonableness of compensation is a question of fact to be answered by considering and weighing all facts and circumstances of the particular case. Estate of Wallace v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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