Miller & Sons Drywall, Inc. - Page 9

                                        - 9 -                                         
                                       OPINION                                        
               Section 162(a)(1) permits a taxpayer to deduct “a reasonable           
          allowance for salaries or other compensation for personal                   
          services actually rendered”.  A taxpayer can take a deduction for           
          compensation only if:  (1) The payments were reasonable in                  
          amount, and (2) the payments were for services actually rendered.           
          Sec. 1.162-7(a), Income Tax Regs.                                           
               Petitioner argues that the total compensation it paid to its           
          shareholder-employees was deductible because it was reasonable              
          under section 162(a).  Respondent avers that the amounts of                 
          compensation for petitioner’s tax years ended June 30, 1998                 
          through 2000, were unreasonable and were, instead, disguised                
          dividends.  In this case, the parties agree that the sole issue             
          is whether the payments petitioner made to its shareholder-                 
          employees were reasonable.                                                  
          I.   Applicable Caselaw                                                     
               Because this case appears to be appealable to the Court of             
          Appeals for the Eighth Circuit, see sec. 7482(b)(1)(B), we shall            
          follow the relevant decisions of that circuit, see Golsen v.                
          Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir.             
          1971).                                                                      
               Whether the compensation paid by a corporate taxpayer to a             
          shareholder-employee was reasonable is a question of fact.                  
          Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d 1315, 1323               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011