Brewer Quality Homes, Inc. - Page 19

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               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 * * *                                                    





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