- 30 - tioner intended to compensate Mr. Ruf for services he performed for it during its fiscal years ended February 29, 1988, February 28, 1989, and February 28, 1990, when it paid him $2,600,000 in compensation during its fiscal year ended February 28, 1990. We shall now analyze and apply herein the relevant factors identified by the Court of Appeals to determine reasonable compensation within the meaning of section 162(a)(1). Role in Company The first category of factors identified by the Court of Appeals is the role in the company of the employee whose compen- sation is at issue. Relevant considerations include the employ- ee's qualifications, position, hours worked, duties performed, and general importance to the company's success. Elliotts, Inc. v. Commissioner, 716 F.2d at 1245-1246. There is little doubt that Mr. Ruf played a significant role in returning petitioner to profitability. At the time Mr. Ruf became petitioner's CEO in March 1986, petitioner was on the verge of bankruptcy and was not paying its suppliers and other creditors because it did not have enough cash. As of February 28, 1986, petitioner's net worth was negative $1,514,000. According to its audited financial statement for its fiscal year ended February 28, 1986, petitioner's net income after taxes (but before utilization of net operating loss carryforwards/carry-Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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