- 24 -                                         
          remanding T.C. Memo. 1980-282.  Since proof of the second prong             
          (viz., compensatory purpose) can be difficult to establish and a            
          compensatory purpose can often be inferred if the amount of the             
          compensation is determined to be reasonable under the first                 
          prong, "courts generally concentrate on the first prong--whether            
          the amount of the purported compensation is reasonable."  Id.               
          What constitutes reasonable compensation is a question of fact              
          that must be determined in light of all of the evidence.  Pacific           
          Grains, Inc. v. Commissioner, supra at 605.                                 
               Many factors are relevant in determining the reasonableness            
          of compensation, and no single factor is decisive.  Elliotts,               
          Inc. v. Commissioner, supra at 1245; Pacific Grains, Inc. v.                
          Commissioner, supra at 606.  The U.S. Court of Appeals for the              
          Ninth Circuit (Court of Appeals) to which an appeal in this case            
          would normally lie has divided those factors into five broad                
          categories:  (1) The employee's role in the company, (2) a                  
          comparison of the compensation paid to the employee with the                
          compensation paid to similarly situated employees in similar                
          companies, (3) the character and condition of the company,                  
          (4) whether a conflict of interest exists that might allow the              
          company to disguise dividend payments as deductible compensation,           
          and (5) whether the compensation was paid pursuant to a struc-              
          tured, formal, and consistently applied program.  Elliotts, Inc.            
          v. Commissioner, supra at 1245-1248.                                        
Page:  Previous   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   NextLast modified: May 25, 2011