- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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