Leonard Pipeline Contractors, Ltd. - Page 29

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           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.                                                                       



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