- 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