- 11 - Pursuant to a method or arrangement between Clarkston, the service recipient/payor, and J.D., the service provider, the former did not pay the latter for its services within 2-1/2 months after the close of the respective calendar years in which the services were performed.4 Nor have petitioners made the requisite showing to rebut the presumption that Clarkston’s arrangement with J.D. as to its services did not defer the receipt of compensation within the meaning of section 404(a). We sustain respondent’s determination that the fees are not deductible in the years claimed by petitioners. See generally Rev. Rul. 88-68, 1988-2 C.B. 117. In so doing, we emphasize that this holding rests on our finding that Clarkson and J.D., whose transactions with each other are subject to particular scrutiny because the two entities are related, had a method or arrangement between them which in substance deferred the receipt of compensation by a service provider. To reflect concessions, Decision will be entered under Rule 155. 4 Petitioners appropriately make no claim that the fees were paid under sec. 404 through the issuance of the intercompany note. See Don E. Williams Co. v. Commissioner, 429 U.S. 569, 581-582 (1977) (provision of a note does not constitute payment for purposes of sec. 404(a)).Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011