- 68 - 2. Intent Because of the comparatively subjective nature of the determination of a taxpayer’s intent in making a payment to a shareholder-employee, courts have generally concentrated on the reasonableness prong rather than the intent prong in section 162(a)(2) cases. See, e.g., Elliotts Inc. v. Commissioner, 716 F.2d 1241, 1243 (9th Cir. 1983), revg. T.C. Memo. 1980-282. However, it is clear that if a payment was not intended to be compensation for personal services, then it will not be deductible under section 162(a)(2) even if the payment did not exceed reasonable compensation. See King’s Court Mobile Home Park v. Commissioner, 98 T.C. at 514-515; Paula Construction Co. v. Commissioner, 58 T.C. at 1057, 1059-1060. Having made determinations as to the maximum amounts of petitioner’s payments to Jack that would be reasonable compensation for Jack’s services, we now proceed to the second prong--whether any portions of those reasonable amounts are nevertheless not deductible by petitioner because they were not intended as compensation. Respondent contends “that part of the payments [to Jack] deducted by petitioner are disguised dividends.” In support of this contention, respondent directs our attention to the following: (1) Jack’s testimony that if petitioner had a good year, then Jack had a good year, (2) the yearend ad hocPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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