- 10 - 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.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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