- 23 - for its fiscal year 1989, $296,816 for its fiscal year 1990, and $338,475 for its fiscal year 1991. Accordingly, respondent disallowed the balance of the compensation claimed to be deductible by GSI and subsidiaries for Mr. Schoenecker in each of these years. OPINION Section 162(a)(1) allows as a deduction a reasonable allowance for salaries or other compensation paid for personal services rendered. In order to be deductible, the amount must be paid for services rendered and not a substitute for dividends, and must be reasonable for the services rendered. Charles Schneider & Co. v. Commissioner, 500 F.2d 148, 152 (8th Cir. 1974), affg. T.C. Memo. 1973-130. The Schneider case, citing Mayson Manufacturing Co. v. Commissioner, 178 F.2d 115, 119 (6th Cir. 1949), lists the following factors that are often considered in determining the reasonableness of compensation: (1) The employee's qualifications; (2) the nature, extent, and scope of the employee's work; (3) the size and complexities of the business; (4) a comparison of salaries paid with the employer's gross income and net income; (5) the prevailing general economic conditions; (6) a comparison of salaries with distributions to stockholders; (7) the prevailing rates of compensation for comparable positions in comparable concerns; (8) the salary policy of the taxpayer as to all employees; and (9) in the case of small corporations with a limited number of officers, thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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