-29- part, an attempt to recoup from petitioner part of the payments Mr. Leonard had made pursuant to his divorce settlement. We are also mindful that high compensation is more reasonable when there is a corresponding lack of fringe benefits such as pension plans or stock options which might normally be expected. Rutter v. Commissioner, 853 F.2d 1267, 1274 (5th Cir. 1988), affg. T.C. Memo. 1986-407. In these situations, an employer may pay more compensation than it would have paid had it offered a pension or profit sharing plan. Petitioner did not have any type of retirement plan. Here, on the one hand there was no formal, consistent compensation program, and the 1987 bonus was partially an attempt to recoup from petitioner part of the payments Mr. Leonard had made pursuant to his divorce settlement; on the other hand, the compensation was paid, in part, to correct prior undercompensation and to rectify the absence of a pension plan. Accordingly, this factor is neutral. Amount of Reasonable Compensation Having thoroughly considered the evidence, and in light of the factors enunciated by the U.S. Court of Appeals for the Ninth Circuit, we conclude that petitioner paid excessive compensation to Mr. Leonard in fiscal year 1987. However, in light of the value of 11(...continued) change this conclusion.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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