- 13 - unallocated compensation pool. Petitioner next argues that there was no record in Jerome Castree Interiors, Inc. of the bonus determination by the end of the calendar year. Similarly here, petitioner made no record whatsoever of the bonus determination by the end of its fiscal year. Petitioner argues that the shareholders in Jerome Castree Interiors, Inc. did not include the income in the same calendar year as the corporation’s proposed deduction. Here, petitioner chose to use a fiscal year ending July 31, 1994. Petitioner cannot be treated as a calendar year taxpayer for the purpose of determining when the deduction is allowed and a fiscal year taxpayer for all other purposes. Finally, petitioner argues that the corporate resolution in Jerome Castree Interiors, Inc. authorizing the pool of compensation specifically conditioned payment on the corporation’s ability to make payment. Here, there was no corporate resolution authorizing the payment. Certainly a corporate resolution authorizing payment conditioned on the corporation’s ability to make payment (when the corporation in fact was able to do so) is better than no resolution at all. The factual distinctions identified by petitioner are either irrelevant or show that the taxpayers in Jerome Castree Interiors, Inc. had a stronger case for constructive receipt than petitioner has here.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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