- 9 - business account. Consequently, petitioner has substantiated the payment of that expense to that extent. Although the record is not as complete as we would like concerning exactly to what the expense relates, it is clear that it is some form of compensation; and contrary to the explanation given in the notice of deficiency for the disallowance of the deduction, nothing in the record suggests that the compensation was not reasonable. See sec. 162(a)(1). It follows that the reasons given in the notice of deficiency (unreasonable compensation and lack of substantiation) for the disallowance of the deduction have been overcome by the evidence, or lack thereof, presented. Although it is not a ground listed in the notice of deficiency, respondent also argues that petitioner is not entitled to the deduction because the payments of the underlying expenses in some manner or another violated various provisions of the Securities Exchange Act of 1934 (the 1934 Act), ch. 404, 48 Stat. 881 (current version at 15 U.S.C. secs. 78a-78lll (2000)). According to respondent, the expense to which the deduction relates is a nondeductible “illegal” payment within the meaning of section 162(c)(2). Respondent bears the burden of establishing by clear and convincing evidence that the expenses to which the commission deduction relates constitute illegal payments. Secs. 162(c)(2), 7454(a); Rule 142(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008