32 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 underPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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