B & D Foundations, Inc. - Page 17




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          reasonable compensation for the services rendered.”  Sec. 1.162-            
          9, Income Tax Regs.8  Generally, courts have focused on the                 
          reasonableness requirement in determining deductibility.                    
          Elliotts, Inc. v. Commissioner, 716 F.2d 1241, 1243-1244 (9th               
          Cir. 1983), revg. and remanding T.C. Memo. 1980-282.                        
               The reasonableness of compensation is a question of fact to            
          be answered by considering all facts and circumstances of the               
          particular case.  Pepsi-Cola Bottling Co. of Salina, Inc. v.                
          Commissioner, 528 F.2d 176, 179 (10th Cir. 1975), affg. 61 T.C.             
          564 (1974); Estate of Wallace v. Commissioner, 95 T.C. 525, 553             
          (1990), affd. 965 F.2d 1038 (11th Cir. 1992).  Petitioner has the           
          burden of showing that the amount it deducted as compensation was           
          reasonable, and that it is entitled to a compensation deduction             
          larger than that allowed by respondent.  Rule 142(a); Pepsi-Cola            
          Bottling Co. of Salina, Inc. v. Commissioner, supra at 179; Nor-            
          Cal Adjusters v. Commissioner, 503 F.2d 359, 361 (9th Cir. 1974),           
          affg. T.C. Memo. 1971-200.9                                                 

               8In the notice of deficiency, respondent did not adjust the            
          $238,000 of bonuses paid to Mr. Myers and Mrs. Myers for the 1995           
          and 1996 fiscal years that petitioner deducted on its fiscal year           
          1996 return.  However, the total compensation that was paid to              
          Mr. and Mrs. Myers during the 1996 fiscal year in issue included            
          these bonuses.  Accordingly, in evaluating the reasonableness of            
          the salaries petitioner paid and deducted for Mr. Myers and Mrs.            
          Myers, we consider the total compensation they received,                    
          including bonuses.                                                          
               9The Internal Revenue Service Restructuring and Reform Act             
          of 1998 (RRA), Pub. L. 105-206, sec. 3001(a), 112 Stat. 685, 726-           
          727, enacted sec. 7491 to shift the burden of proof to respondent           
                                                             (continued...)           




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