- 12 - Petitioner has failed to establish that it followed proper formalities entitling Doyce Gentry or his sons to withdraw any compensation prior to the end of petitioner’s fiscal year. Like the taxpayers in Jerome Castree Interiors, Inc. v. Commissioner, supra, and Lacy Contracting Co. v. Commissioner, supra, petitioner had not formally allocated the compensation between Mr. Gentry and his sons by the end of petitioner’s fiscal year. Moreover, petitioner’s case is much weaker than were the taxpayers’ cases in Jerome Castree Interiors, Inc. and Lacy Contracing Co. Not only did petitioner fail formally to allocate the compensation between Mr. Gentry and his sons by the end of petitioner’s fiscal year, petitioner did not even authorize the total unallocated amount of compensation through proper corporate procedures by the end of its fiscal year. Petitioner attempts to distinguish Jerome Castree Interiors, Inc. because the bonuses there had to be allocated between five shareholders, while in the case at hand the compensation only had to be allocated between one shareholder and two employees. This distinction makes no difference. To actuate constructive receipt, a specific amount must be “credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time”. Sec. 1.451- 2(a), Income Tax Regs. It does not matter what ownership or corporate positions are held by the potential recipients of thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011