Durham Farms #1 - Page 75




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          provided scant information concerning (1) the nature of the                 
          services Jay Hoyt performed for that partnership and (2) whether            
          the payments represented reasonable compensation for those                  
          services Jay Hoyt rendered.  Thus we hold that DF #1, SGE 82-1,             
          DGE 84-3, SGE 84-5, DGE 86-2, TBS 89-1, and TBS 90-1 are not                
          entitled to the deductions for guaranteed payments they claimed             
          for the years in issue.41  See Durkin v. Commissioner, supra at             
          1388-1389.                                                                  
          Issue 5.  IRA Deductions                                                    
               DF #1, DGE 84-3, and SGE 84-5 claimed deductions for some of           
          the years in issue for alleged individual retirement account                
          (IRA) contributions they made for certain of their partners.                
               On brief, respondent concedes some of the claimed                      
          contributions DF #1, DGE 84-3, and SGE 84-5 made have been                  
          substantiated.  The Court thus holds that these foregoing                   
          partnerships are entitled to IRA deductions for the years in                
          issue in the amounts respondent conceded.  The Court further                
          holds that these partnerships have not substantiated and are not            
          entitled to their claimed IRA deductions for the years in issue             
          in excess of the amounts respondent conceded.  See Rules 142(a),            
          240(a).                                                                     



               41It is thus unnecessary for the Court to decide whether,              
          for purposes of sec. 707(c), the payments Jay Hoyt received were            
          determined without regard to partnership income, an issue upon              
          which the parties disagree.                                                 





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