- 15 - requirements of that provision as one of the prerequisites to establishing that the burden of proof is on respondent. See Edwards v. Commissioner, T.C. Memo. 2002-169; Cipriano v. Commissioner, T.C. Memo. 2001-157, affd. 55 Fed. Appx. 104 (3d Cir. 2003). C. Conclusion Because petitioner has failed to establish that it meets the conditions for the applicability of section 7491, petitioner bears the burden of proof. Rule 142(a). II. Deductibility of Payments to Mrs. Harrison A. Section 162(a)(1) This case requires that we decide whether pursuant to section 162(a)(1) petitioner can deduct amounts it paid to Mrs. Harrison during the audit years. That section provides: 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; Section 162(a)(1) establishes a two-pronged test for the deductibility of amounts purportedly paid as salaries or other compensation for personal services actually rendered (without distinction, compensation for services): The payments must be (1) “reasonable”, and (2) “in fact payments purely for services”.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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