- 28 - petitioner’s reply brief, he argues that the challenged payments were ordinary and necessary business expenses and thus deductible. For a guaranteed payment to be a partnership deduction, it must meet the same tests under section 162 as it would if the payment had been made to a person who is not a member of the partnership. See sec. 707(c); sec. 1.707-1(c), Income Tax Regs. Section 162(a) generally allows a deduction for “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”. Petitioner bears the burden of establishing which fees, or portions thereof, are deductible. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Petitioner neither established I-Tech’s entitlement to the deductions nor substantiated the amounts claimed as guaranteed payments. We sustain respondent’s determination for the years in issue and hold that I-Tech is not entitled to deduct guaranteed payments of $79,867 in 1984, $179,501 in 1985, and $91,221 in 1986. To reflect the foregoing and the parties’ concessions, Decision will be entered pursuant to Rule 155.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Last modified: May 25, 2011