I-Tech R&D Limited Partnership - Page 28




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          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.                         








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