- 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 bePage: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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