- 42 - services for which petitioner intended to compensate him, rather than entirely for its fiscal year ended February 28, 1990, its net profit for each of its fiscal years ended February 29, 1988, and February 28, 1989, would have decreased, and its net profit for its fiscal year ended February 28, 1990, would have increased by an amount correlating to the total amount of the decreases in net profit for those other two years, thereby also changing the pattern of declining profits on which respondent relies.24 Conflict of Interest The fourth category of factors identified by the Court of Appeals concerns whether some relationship exists between the company and the employee whose compensation is at issue that might permit the company to disguise nondeductible corporate distributions of income as compensation deductible under section 162(a)(1). Elliotts, Inc. v. Commissioner, 716 F.2d at 1246. Such a relationship exists in the instant case. Mr. Ruf was petitioner's sole shareholder during the relevant period. Situations in which an employee is the sole or controlling shareholder warrant close scrutiny. See id. "The mere existence of such a relationship, however, when coupled with an absence of dividend payments, does not necessarily lead to the conclusion 24 We also note that if we were to determine that any of the $2,600,000 of compensation petitioner expensed in its financial statement for its fiscal year ended Feb. 28, 1990, did not con- stitute reasonable compensation for that year or any other year, petitioner's net profit for that year would have increased.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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