BOCA Construction, Inc. - Page 3

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                  Petitioner is a closely held corporation, the principal                               
            place of business of which was in Ohio when it filed its                                    
            petition.                                                                                   
                  The primary issue in the underlying case, Boca Constr., Inc.                          
            v. Commissioner, T.C. Memo. 1995-5, filed January 9, 1995, was                              
            whether petitioner may deduct as reasonable compensation amounts                            
            it paid to its officers in the years in issue.  Petitioner                                  
            deducted as compensation for its officers $689,600 for 1989 and                             
            $817,500 for 1990.  Respondent's revenue agent examined                                     
            petitioner's return and investigated this case.  Respondent                                 
            determined that the amount of compensation petitioner paid to                               
            its officers in the years in issue was unreasonable.  Respondent                            
            relied on facts obtained by the revenue agent and reports from                              
            Robert Morris Associates (RMA) and the Occupational Outlook                                 
            Handbook to determine reasonable compensation.                                              
                  In the notice of deficiency, the answer, at trial, and on                             
            brief, respondent's position was that reasonable compensation for                           
            petitioner's officers was $274,000 in 1989 and $282,000 in 1990.                            
            Respondent did not call any witnesses at trial.  We held that the                           
            compensation petitioner paid to its officers was reasonable.                                












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