Tesco Driveaway Co., Inc. - Page 5




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          fiscal year ended July 31, 1994.                                            
                                       OPINION                                        
          Issue 1.  Deduction for Compensation Not Paid by Petitioner                 
          During Its Fiscal Year                                                      
               Section 2671 requires the matching of deductions and income            
          between related taxpayers.  It provides that the payor may not              
          deduct an obligation owing to a related payee until the related             
          payee would be required to recognize the income by reason of his            
          method of accounting.  Sec. 267(a)(2).                                      
               Doyce Gentry is petitioner’s sole shareholder.  Mr. Gentry             
          is therefore related to petitioner under section 267(a)(2)(B).              
          See sec. 267(b)(2).  In addition, Doyce Gentry’s stock ownership            
          is attributed to his sons because they are his lineal                       
          descendants.  See sec. 267(b)(1), (c)(2), (c)(4).  Doyce                    
          Gentry’s sons therefore are also related to petitioner for                  
          purposes of section 267(a)(2)(B).                                           
               Respondent denied petitioner’s deduction of $100,000 in                
          accrued compensation under section 267(a)(2) because petitioner             
          is an accrual method taxpayer, Doyce Gentry and his sons are                
          cash method taxpayers, and the compensation was not actually                
          paid by petitioner to the Gentrys by the close of petitioner’s              
          fiscal year on July 31, 1994.                                               


               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years at issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  





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