Ronald I. and Lois B. Koenig - Page 10

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          the employment agreement were $200,000 and $900,000,                        
          respectively.  Petitioner received payment of $200,000 before his           
          status as an at-will employee was terminated.  Any amount above             
          the $200,000 minimum was to be based on net sales.4  A valid debt           
          did not exist for the remaining $700,000.                                   
               Moreover, respondent claims that even if petitioners were              
          owed an additional amount under paragraph 4.B of the employment             
          agreement, they still would not be entitled to a bad debt                   
          deduction.  We agree.  The regulations state that                           
               Worthless debts arising from unpaid wages, salaries,                   
               fees, rents, and similar items of taxable income shall                 
               not be allowed as a deduction under section 166 unless                 
               the income such items represent has been included in                   
               the return of income for the year for which the                        
               deduction as a bad debt is claimed or for a prior                      
               taxable year.  [Sec. 1.166-1(e), Income Tax Regs.]                     
               The commissions received pursuant to the employment                    
          agreement, like wages or salary, were ordinary income.  Thus,               
          since petitioners did not report any of the commissions alleged             
          to be owed as income in 1990 or in a prior year, they cannot                
          claim these unpaid commissions as a bad debt deduction for 1990.            


               4    Pursuant to par. 6.B of the employment agreement, the             
          commissions payable to petitioner under par. 4.B were to survive            
          the termination of his employment.  Petitioner argues that this             
          means he is entitled to the full $900,000.  By the terms of the             
          employment agreement, $900,000 is the maximum commission payable,           
          not the amount required to be paid.  As stated previously, any              
          amount received over the $200,000 minimum was to be based on a              
          percentage of net sales.  Petitioners did not provide any                   
          information regarding net sales by which to determine whether an            
          additional commission payment was due.                                      




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