Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 32

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          salaries, they do not exceed reasonable compensation for the                
          services rendered.  Rapco, Inc. v. Commissioner, T.C. Memo. 1995-           
          128; sec. 1.162-9, Income Tax Regs.                                         
               Extraordinary, unusual, and extravagant amounts paid by a              
          corporation to its officers as purported compensation for their             
          services, but having no substantial relation to the measure of              
          their services and being disproportionate to their value, are not           
          in reality payments for services; they are not regarded as                  
          "ordinary and necessary expenses" within the meaning of section             
          162(a)(1) merely because the payments are made in accordance with           
          an agreement between the corporation and its officers.  Botany              
          Worsted Mills v. United States, 278 U.S. 282, 292 (1929).                   
               Contingent compensation agreements can be upheld and                   
          compensation paid under them held to be deductible under                    
          appropriate circumstances.  Automotive Inv. Dev., Inc. v.                   
          Commissioner, T.C. Memo. 1993-298; North Carolina Equip. Co. v.             
          Commissioner, a Memorandum Opinion of this Court dated June 4,              
          1945.  However, we expressly stated in Automotive Inv. Dev., Inc.           
          v. Commissioner, supra, that even the contingent compensation               
          formula there approved might in other circumstances result in               
          compensation that is unreasonable under section 162(a)(1).                  
          Compensation, even under a contingent compensation formula, is in           
          any case limited to what is reasonable under all the                        
          circumstances, which is in general such amount as would                     
          ordinarily be paid for like services by like enterprises under              




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