- 84 - the compensation paid with respect to the services rendered in a given taxable year. In December 1992, petitioner paid Retention Payments and 1991 SRP Benefits to the Retained Executives totaling $15,867,291. Of this amount, petitioner deducted $10,384,490-- consisting of the total44 of the 1991 SRP Benefits payments and related interest paid to the Retained Executives in 1992 ($4,191,053), plus that portion of the aggregate Retention Payments paid in 1992 with respect to which petitioner took the position that “economic performance” (within the meaning of section 461(h)) had occurred in 1992 ($6,193,437).45 The remaining $5,482,801 in Retention Payments paid in 1992 was deferred, according to petitioner, pursuant to section 461(h) and deducted ratably in petitioner’s 1993, 1994, and 1995 taxable years. Having thus taken the position that $10,384,490 in Retention Payments and 1991 SRP Benefits was earned by the Retained Executives in 1992, it is incumbent upon petitioner in our view to demonstrate clearly and convincingly that these amounts, when 44 Petitioner contends that the entire 1991 SRP Benefits payment (plus interest) was deductible when paid in 1992 because, unlike the Retention Payments, such amount was not subject to clawback. 45 Petitioner has also stipulated that the amount of the Retention Payments and 1991 SRP Benefits that was earned by the Retained Executives in 1992 was $10,384,490.Page: Previous 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Next
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