- 20 - Midwest as compensation for petitioner's services.13 We agree with Midwest that the "consulting fees" are deductible compensation for petitioner's service. We agree with respondent that these "fees" are includable in petitioner's gross income, but as compensation rather than dividends. A payment to a shareholder/employee is compensation if: (a) The corporation intends the payment to be solely for services rendered by the shareholder/employee, and (b) the amount paid is reasonable as to the services rendered. See Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974); sec. 1.162-7, Income Tax Regs. A corporation's intent to compensate for services is a condition precedent to the underlying payment's deductibility, see Electric & Neon, Inc. v. Commissioner, supra, and such an intent is determined when the payment is made, see Paula Constr. Co. v. Commissioner, 58 T.C. 1055 (1972), affd. without published opinion 474 F.2d 1345 (5th Cir. 1973). An intent to compensate is a question of fact, which in the case of a corporation turns on the actions of the officers. See King's Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 514 (1992). We employ close scrutiny when a shareholder/employee 13 Petitioner fails to acknowledge that if the amounts are compensation, he must include them in income.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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