- 75 - capitalized. Organizational costs, if elected, are amortizable, but syndication costs are not amortizable. See secs. 263, 709. Petitioners have the burden of proving what portion of the fee is allocable to nondeductible capital portions and to deductible expense portions, and such allocation must reasonably comport with the value of the services performed. See Durkin v. Commissioner, supra at 1389. Any fee for services to be rendered in the future is not deductible in the year of expenditure. See id. Whether payments to a partner represent a reasonable compensation for services is a question of fact to be determined on the basis of the particular circumstances of each case. See id. In the instant cases, the evidence presented on the payments these partnerships made to Mr. Hoyt during the years in issue is most unsatisfactory. The record includes only a copy of RCR #4's partnership agreement. It provides that the managing general partner, Mr. Hoyt, is to receive a fee equal to 15 percent of that partnership's profits upon the sale and distribution of all partnership assets. Copies of the partnership agreements of the other partnership are not in the record. Mr. Hoyt testified that he received payments from each partnership, and that he reported these payments as income on his individual Federal returns. He further stated that these payments were of two types. According to him, the first type of payment he received was equal to 1 percent of a partnership's reported gross farm receipts. The second type of payment hePage: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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