- 19 - In light of respondent’s willingness to allow what Hakala recommends for 1995, plus correction of Hakala’s mathematical errors, we round the 1995 amount to $610,000. We conclude that all of the amounts that would have been reasonable compensation to Jack were intended by petitioner to be compensation and not dividends. C. Analysis Section 162(a)(1)5 allows a deduction for the payment of compensation, but only if the compensation is both (1) reasonable in amount and (2) paid for personal services rendered. Paula Construction Co. v. Commissioner, 58 T.C. 1055, 1058 (1972), affd. without published opinion 474 F.2d 1345 (5th Cir. 1973); sec. 1.162-7(a), Income Tax Regs. The question of reasonableness is one of fact which must be resolved on the basis of all the facts and circumstances in the case. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1323; Pepsi-Cola Bottling Co. of Salina, Inc. v. Commissioner, 528 F.2d 176, 179 (10th Cir. 1975), affg. 61 T.C. 564, 567 (1974); Estate of Wallace v. Commissioner, 5 SEC. 162. TRADE OR BUSINESS EXPENSES. (a) In General.–-There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including-- (1) a reasonable allowance for salaries or other compensation for personal services actually rendered * * *Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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