34 The cases contain lengthy lists of factors that bear on the determination of reasonableness. The Court of Appeals for the Ninth Circuit, to which appeal in these cases would lie, uses the five-factor test of Elliotts, Inc. v. Commissioner, 716 F.2d 1241, 1245-1248 (9th Cir. 1983), revg. and remanding T.C. Memo. 1980-282. These five factors are: (a) Role in company; (b) external comparison; (c) character and condition of company; (d) conflict of interest; and (e) internal consistency. Id.; L & B Pipe & Supply Co. v. Commissioner, T.C. Memo. 1994-187; Curtis v. Commissioner, T.C. Memo. 1994-15. No single factor is controlling. Pacific Grains, Inc. v. Commissioner, 399 F.2d 603, 606 (9th Cir. 1968), affg. T.C. Memo. 1967-7. (a) Role in Company Relevant considerations include the position held by the employee, hours worked, duties performed, and the general importance of the employee to the success of the enterprise. If the employee has received a large salary increase, it may be helpful to compare past and present duties and salary payments. Elliotts, Inc. v. Commissioner, supra at 1245. Even though respondent now disputes that Mr. Munro was chief executive officer of petitioners, including Pertinax, both parties have treated him as such, and the record is replete with evidence that he was ultimately responsible for petitioners' policy decisions. Although Mr. Munro had been responsible for obtaining favorable terms with suppliers in prior years, nothing in the recordPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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