39 compensate for the prior underpayments. Estate of Wallace v. Commissioner, 95 T.C. 525, 553-554 (1990), affd. on another ground 965 F.2d 1038 (11th Cir. 1992). As we have seen supra note 6, earlier growth was not so extraordinary. In any case, Mr. Munro was highly compensated in earlier years,18 so no reason was shown to reward him in 1986-1987 for what he had done earlier. Moreover, there is nothing in the record to indicate that any of the compensation paid to Mr. Munro in 1987 was earmarked as being for prior services; the absence of any earmarking supports the view that petitioners' argument in this regard is a mere afterthought. Pacific Grains, Inc. v. Commissioner, 399 F.2d at 606. On balance, this factor supports upholding normal chief executive officer compensation for the current year for Mr. Munro. (d) Conflict of Interest This fourth factor focuses on whether a relationship exists between petitioners and the employee (here Mr. Munro) that might permit them to disguise nondeductible corporate distributions of income as deductible salary expenditures. Such a relationship may exist where the employee is a business's sole or controlling 18In 1986, the salary income reported on Mr. and Mrs. Munro's joint income tax return was $596,316. We have no evidence for 1984 and 1985. In 1983, Mr. Munro's salary was $309,504. In 1982, it was $231,500. In 1979, 1980, and 1981, it was $240,000.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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