- 42 - because of the extreme disparity between Mr. Brewer’s compensation in 1992 and 1993 and his compensation in both previous and following years that the fact that he was being compensated for past performance is plainly apparent. Respondent’s rejoinder is twofold: (1) There is no indication of an intent to compensate Jack in 1995 or in 1996 on account of past undercompensation, and (2) Hakala concluded that Jack was adequately compensated for Jack’s services to petitioner for 1986 through 1994. Amounts paid in a later year for earlier years’ services may be deducted when paid, if the services were undercompensated in the earlier years. Lucas v. Ox Fibre Brush Co., 281 U.S. 115, 119 (1930); Estate of Wallace v. Commissioner, 95 T.C. at 553; Cropland Chemical Corp. v. Commissioner, 75 T.C. 288, 297-298 (1980), affd. without published opinion 665 F.2d 1050 (7th Cir. 1981); R.J. Nicoll Co. v. Commissioner, 59 T.C. 37, 50-51 (1972). In order to be allowed the deduction, the taxpayer must establish (1) the amount of the undercompensation for the earlier years’ services and (2) that the payment in the later year is intended as compensation for the earlier years’ services. Pacific Grains, Inc. v. Commissioner, 399 F.2d 603, 606 (9th Cir. 1968), affg. T.C. Memo. 1967-7; Perlmutter v. Commissioner, 373 F.2d 45, 48 (10th Cir. 1967), affg. 44 T.C. 382, 403 (1965); Estate of Wallace v. Commissioner, 95 T.C. at 553-554. In the instant case, petitioner has presented us with little more than the claim, and general conclusory testimony, that somePage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011