River City Ranches #4 - Page 136



                                       - 74 -                                         
               As also discussed supra in connection with Issue 1,                    
          petitioners failed to substantiate OGT 90's alleged acquisition             
          of 1,301 breeding sheep during 1990.  Accordingly, we hold that             
               OGT 90 is not entitled to the farm deductions it claimed               
          for 1991.                                                                   
          Issue 4.  Deductions for Guaranteed Payments                                
               Petitioners assert that RCR #4, RCR #6, and OGT 90 each are            
          entitled to deductions for the years in issue for certain                   
          guaranteed payments each partnership made to Mr. Hoyt during                
          those years.                                                                
               Section 707(c) allows a deduction to a partnership for                 
          guaranteed payments to partners.  Such payments are determined              
          without regard to the partnership income and are payments to a              
          partner for services or the use of capital.  See sec. 707(c).  To           
          be deductible by the partnership, the guaranteed payments must              
          meet the requirements of section 162(a); they must be ordinary              
          and necessary expenses, reasonable in amount, and incurred in a             
          trade or business.  See Durkin v. Commissioner, 87 T.C. 1329,               
          1388 (1986), affd. on other issues 872 F.2d 1271 (7th Cir. 1989);           
          sec. 1.707-1(c), Income Tax Regs.                                           
               In deciding whether the payments are deductible under                  
          section 162(a), the Court must look to the nature of the services           
          performed by the general partners rather than to their                      
          designation or treatment by the partnership.  See Durkin v.                 
          Commissioner, supra at 1388-1389.  Payments allocable to                    
          organizational costs and syndication expenses must be                       




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