International Capital Holding Corp. and Subsidiaries - Page 19




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          petitioners to prove that they are entitled to deduct an amount             
          greater than that determined by respondent.9  Rule 142(a); Paula            
          Constr. Co. v. Commissioner, supra at 1058; Elec. & Neon, Inc. v.           
          Commissioner, supra at 1340.                                                
               While compensation for personal services is a deductible               
          expense, distributions of corporate earnings and profits                    
          constitute dividends and are not deductible.  Therefore, a                  
          corporation has an incentive to characterize as compensation                
          payments which are actually distributions of profits.  Sec.                 
          1.162-7(b)(1), Income Tax Regs.  Thus, the Court must closely               
          scrutinize the alleged compensation paid to determine if it is a            
          disguised distribution of profits.  Pulsar Components Intl, Inc.            
          v. Commissioner, supra; Mad Auto Wrecking, Inc. v. Commissioner,            
          T.C. Memo. 1995-153.                                                        
               The provision of services by one company to another company            
          does not alone establish the existence of a business relationship           
          consistent with the payment of compensation.  Eyefull, Inc. v.              
          Commissioner, supra (citing Paula Constr. Co. v. Commissioner,              
          supra at 1058).  “There must also be evidence that at the time              


               9  Pursuant to sec. 7491, the burden of proof can be shifted           
          to respondent if certain conditions are met, including that the             
          examination was commenced before July 22, 1998.  Internal Revenue           
          Restructuring & Reform Act of 1998, Pub. L. 105-206, sec.                   
          3001(c), 112 Stat. 727; Higbee v. Commissioner, 116 T.C. 438                
          (2001).  The examination in this case commenced before the                  
          effective date.  Accordingly, sec. 7491 is not applicable to this           
          case.                                                                       





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