Simco Automotive Pump Co., Inc. - Page 16




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          as of June 30, 1992, the outstanding balance of Simco’s loans to            
          John was reduced in an amount equal to the purported loan                   
          repayment amount, Simco’s comptroller testified that such an                
          entry was likely made after that date.  Based on the foregoing,             
          we hold that John is not entitled to exclude from income the                
          $33,870 in scrap metal proceeds he retained during the latter               
          half of 1991.                                                               
          Compensation Deduction                                                      
               Section 162(a)(1) allows as a deduction “a reasonable                  
          allowance for salaries or other compensation for personal                   
          services actually rendered”.  The test for deductibility under              
          this provision is two-pronged:  Payments are deductible as long             
          as they “(1) do not exceed the reasonable compensation for the              
          services actually rendered, and (2) are actually intended to be             
          paid purely for the services.”  Electric & Neon, Inc. v.                    
          Commissioner, supra at 1340; see sec. 1.162-7(a), Income Tax                
          Regs.  Petitioners have the burden of proof.  See Rule 142(a);              
          Welch v. Helvering, 290 U.S. 111, 115 (1933).                               
               In the instant case, Simco fails the second prong, if not              
          both.  To satisfy the second prong, the payments in question must           
          have been made with the intent to compensate.  See King’s Court             
          Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 514 (1992)             
          (citing Paula Constr. Co. v. Commissioner, 58 T.C. 1055, 1058               
          (1972), affd. without published opinion 474 F.2d 1345 (5th Cir.             





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