- 8 - respondent knew that Michael Bockrath (Bockrath) and Joseph Caizzo (Caizzo) were petitioner's sole shareholders who, as employees, did not deal at arm's length with petitioner to set their compensation; petitioner paid compensation to the shareholders in proportion to their stockholding; and petitioner did not have records adopting the compensation formula upon which petitioner relied. Respondent knew that Bockrath and Caizzo spent time helping another company called CABO, Inc.; that petitioner had fewer than 30 employees; and that petitioner's business was limited to resurfacing roads. Respondent also knew that petitioner paid Bockrath and Caizzo $689,600 in 1989 and $817,500 in 1990, and that petitioner did not claim that it made catchup payments for service in prior years. Respondent also considered data from RMA that was admitted into evidence. Although we found petitioner's evidence in the underlying case to be more convincing than respondent's, we believe that respondent's position had a reasonable basis in fact. In the notice of deficiency, respondent determined that the amounts petitioner deducted as compensation for its officers in the years in issue were unreasonable. Petitioner points out that respondent did not explain at trial how respondent calculated the amount of reasonable compensation stated in the notice of deficiency. Petitioner's argument misses the mark. The point is not whether respondent gave the basis for thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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