River City Ranches #4 - Page 138



                                       - 76 -                                         
          received was equal to 1 percent of the capital gain income a                
          partnership realized from its sale of sheep each year.  He also             
          added that while these payment made to him were credited to his             
          capital account with that partnership, he was not allowed to                
          withdraw the funds.  He stated that he was required to leave the            
          funds in the partnership because it had been agreed that this was           
          the means by which he would establish a capital account in a                
          partnership.                                                                
               Petitioners have failed to establish that the alleged                  
          payments each of these partnerships made to Mr. Hoyt are                    
          deductible under section 162(a) by that partnership.  Petitioners           
          provided scant information concerning (1) the nature of the                 
          services Mr. Hoyt performed for that partnership and (2) whether            
          the payments represented reasonable compensation for such                   
          services Mr. Hoyt rendered.  Thus we hold that RCR #4, RCR #6,              
          and OGT 90 are not entitled to the deductions for guaranteed                
          payments they claimed for the years in issue.36  See Durkin v.              
          Commissioner, supra at 1388-1389.                                           
          Issue 5.  IRA Deductions                                                    
               RCR #4 and RCR #6 each claimed deductions for some of the              
          years in issue for alleged Individual Retirement Account (IRA)              
          contributions they made for certain of their partners.                      




               36It is thus unnecessary for the Court to decide whether,              
          for purposes of sec. 707(c), the payments Mr. Hoyt received were            
          determined without regard to partnership income, an issue upon              
          which the parties disagree.                                                 



Page:  Previous  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  Next

Last modified: May 25, 2011