- 9 - means that such guaranteed payment must be excluded. We disagree. We find petitioners' arguments to be an incorrect reading of the Closing Agreement. Form 906 binds the parties only to specific matters agreed upon. Zaentz v. Commissioner, supra at 761. As we read the Closing Agreement, the parties agreed to settle with respect to petitioners' taxable income, gains, and losses from their interest in Federal. Nowhere in the Closing Agreement is there a provision excluding the $20,000 guaranteed payment. In fact, the parties stipulated that the treatment to be accorded to guaranteed payments was not expressly discussed by either party during the settlement negotiations. We reiterate what we stated in Janow I. The definition of a "guaranteed payment" to a partner supports this interpretation of the Closing Agreement. A guaranteed payment is a payment made by a partnership to a partner for services or for the use of capital and is considered as made to one who is not a partner, to the extent such payment is determined without regard to the income of the partnership. Sec. 707(c); sec. 1.707-1(c), Income Tax Regs. For the purposes of sections 61(a) and 162(a), guaranteed payments are not considered part of a partner's distributive share of partnership income. Pursuant to section 707, a partner shall include in his income for a taxable year guaranteed payments which are made to him in a partnership taxable yearPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011