-28- The record does not indicate that petitioner determined Mr. Leonard’s bonus based on any consistently applied formula or plan. Neither is there information in the record regarding petitioner's other employees. It is, however, permissible to pay and deduct compensation for services performed in prior years. See Lucas v. Ox Fibre Brush Co., 281 U.S. 115, 119-120 (1930); American Foundry v. Commissioner, 59 T.C. at 239. Petitioner did not compensate Mr. Leonard during 1985 and 1986 for two reasons. First, the pipeline construction industry is volatile, and petitioner's earning history reflects the classic cycle of boom and bust. Petitioner was unable to pay Mr. Leonard a bonus prior to 1987 because of economic instability. Secondly, petitioner’s board of directors determined that the restrictions placed by the Royal Bank of Canada prohibited petitioner from compensating Mr. Leonard during these years. In 1987, the board concluded that petitioner benefited from Mr. Leonard’s securing the right to bid on and participate in large pipeline construction projects, as well as his expertise and reputation in the coating and insulation of pipe. While we are mindful that petitioner's board consisted only of Mr. Leonard and his son, we nonetheless believe (and thus hold) that petitioner's 1987 compensation to Mr. Leonard represented, in part, an attempt to rectify his 1985 and 1986 undercompensation,11 see Lucas v. Ox Fibre Brush Co., supra, and in 11 The fact that Mr. Leonard was compensated by the petitioner-Anchor Wate joint venture in 1985 and 1986 does not (continued...)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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