- 371 - 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 languagePage: Previous 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 Next
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