Leonard Pipeline Contractors, Ltd. - Page 28

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                 The record does not indicate that petitioner determined Mr.                              
           Leonard’s bonus based on any consistently applied formula or plan.                             
           Neither is there information in the record regarding petitioner's                              
           other employees.                                                                               
                 It is, however, permissible to pay and deduct compensation for                           
           services performed in prior years.  See Lucas v. Ox Fibre Brush Co.,                           
           281 U.S. 115, 119-120 (1930); American Foundry v. Commissioner, 59                             
           T.C. at 239.  Petitioner did not compensate Mr. Leonard during 1985                            
           and 1986 for two reasons.  First, the pipeline construction industry                           
           is volatile, and petitioner's earning history reflects the classic                             
           cycle of boom and bust.  Petitioner was unable to pay Mr. Leonard                              
           a bonus prior to 1987 because of economic instability.  Secondly,                              
           petitioner’s board of directors determined that the restrictions                               
           placed by the Royal Bank of Canada prohibited petitioner from                                  
           compensating Mr. Leonard during these years. In 1987, the board                                
           concluded that petitioner benefited from Mr. Leonard’s securing the                            
           right to bid on and participate in large pipeline construction                                 
           projects, as well as his expertise and reputation in the coating and                           
           insulation of pipe.  While we are mindful that petitioner's board                              
           consisted only of Mr. Leonard and his son, we nonetheless believe                              
           (and thus hold) that petitioner's 1987 compensation to Mr. Leonard                             
           represented, in part, an attempt to rectify his 1985 and 1986                                  
           undercompensation,11  see Lucas v. Ox Fibre Brush Co., supra, and in                           


                  11    The fact that Mr. Leonard was compensated by the                                  
            petitioner-Anchor Wate joint venture in 1985 and 1986 does not                                
                                                                            (continued...)                



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