- 4 - The general management of the sole proprietorship consisted of running the company, overseeing the training of the managers, overseeing the sales manager, overseeing accounts receivable and accounts payable, motivating agents, and reviewing contracts for residences and businesses. Mr. Stewart performed the general management functions for the sole proprietorship in 1995 and 1996. There was no written agreement between the corporation and Mr. Stewart regarding any services he was to provide as an employee of the corporation. Mr. Stewart paid $120,000 in 1995, and $100,000 in 1996, to R.M. Stewart, Inc., as fees for the general management services. Petitioners filed Forms 1040, U.S. Individual Income Tax Return, in 1995 and 1996, in which they deducted those payments on Schedules C, Profit or (Loss) from Business or Profession, attached to those returns. The corporation reported those amounts as income on its Forms 1120, U.S. Corporation Income Tax Return, for 1995 and 1996. This income allowed the corporation to absorb losses arising from deductions claimed on its 1995 and 1996 returns. Mr. Stewart received no compensation or draws from the corporation in 1995 and 1996. OPINION Section 162(a) allows as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business including a reasonablePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011