-25- (3) Character and Condition of Company The next factor considers the company's character and condition. Relevant considerations are the company’s size as measured by its sales, net income, or capital value; the complexities of the business; and general economic conditions. Elliotts, Inc. v. Commissioner, 716 F.2d at 1246; see E. Wagner & Son, Inc. v. Commissioner, 93 F.2d 816, 819 (9th Cir. 1937). Petitioner, a relatively large company, was engaged in the highly specialized pipeline construction business. The pipeline construction industry is noted for periods of growth and subsequent decline. Mr. Leonard's double-jointing process, which was a unique method at the time, helped promote petitioner's business. Petitioner's income stream was dependent upon Mr. Leonard's ability to successfully bid and perform lucrative contracts. The ratio of Mr. Leonard's 1987 bonus to gross sales for that year is 29 percent ($1,680,000 divided by $5,740,283). The ratio of Mr. Leonard's 1987 bonus to petitioner's taxable income before the compensation deduction is 34 percent ($1,680,000 divided by $4,922,631). These percentages are reasonable in light of Mr. Leonard's work for petitioner over the years as well as the prior years' undercompensation. This factor favors petitioner.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011