Shigenori Kudo and Motomi Kudo, et al. - Page 66

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          T.C. 239, 258 (1984), affd. without published opinion 786 F.2d              
          1174 (9th Cir. 1986); see also Schaefer v. Commissioner, T.C.               
          Memo. 1994-444.  Toraya has the burden of establishing that the             
          payments to Motomi served a business purpose and were reasonable            
          in amount.                                                                  
               Motomi testified that she maintained an office in her home             
          to count credit card charges, to calculate the hours worked by              
          Toraya's employees for preparing the payroll twice monthly, and,            
          if she had time, to check the waitress tags to make sure they               
          were added correctly.  She stated that she recalled receiving               
          money from Toraya to reimburse her for her office expenses, but             
          she could not remember how much she received, when it was paid,             
          or for which expenses she was reimbursed.  Nakamura testified               
          that Toraya's board of directors authorized him to reimburse                
          Motomi for the expenses she incurred in establishing an office in           
          her home in San Bruno, California.  Nakamura stated that he                 
          considered the money paid to Motomi to be nontaxable to the Kudos           
          because it was a reimbursement of her expenses.                             
               Both Motomi and Nakamura testified that Toraya had agreed              
          to reimburse Motomi for the expenses she incurred in maintaining            
          an office in her home on Toraya's behalf.  There is no evidence             
          that Toraya agreed to compensate Motomi for her time or efforts             
          in performing those activities.  Consequently, Toraya must prove            
          that the payments to Motomi reimbursed expenses she incurred on             
          Toraya's behalf and that they were reasonable.  The record,                 




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