Investment Research Associates - Page 309




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          by Alpha to Century under which loans these bonus payments were              
          made.  Under the terms of both loans, Shelburne and Century, as              
          the debtors, were required not only to pay principal and interest            
          to Delta and Alpha, but Shelburne and Century were also required,            
          under certain conditions, to pay Delta and Alpha certain amounts             
          referred to as "bonus payments".  These bonus payments were in               
          fact paid, and both Shelburne and Century treated the bonus                  
          payments as interest and claimed deductions of such payments for             
          income tax purposes.  In Durkin v. Commissioner, supra, this                 
          Court held that the bonus payments did not constitute                        
          compensation for the use of money and, therefore, were not                   
          deductible as interest.  We further found that the bonus payments            
          essentially were nothing more than a "mechanism" to divert funds             
          from Shelburne and Century to the partnerships, "thereby                     
          increasing the income of the partnership and trust associated                
          with or established for the benefit of the members of the law                
          firm or their immediate families."  Id. at 1400.  Our holding                
          that the bonus payments were not deductible as interest was                  
          affirmed by the Seventh Circuit. See Durkin v. Commissioner, 872             
          F.2d at 1278-1279.                                                           
               The parties here do not dispute the factual findings or the             
          holding in Durkin v. Commissioner, supra.  Nor do they deny that             
          the bonus payments constitute income to the recipient                        
          partnerships.  Respondent, however, on the basis of the language             






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