BOCA Construction, Inc. - Page 8

                                                - 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 the                                  





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011