Leonard Pipeline Contractors, Ltd. - Page 25

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           (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.                                                           









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