- -34 production in Mr. Penalba's absence, she was seldom involved in the day-to-day production operations. It is clear from the record that Mr. Penalba was very involved in production, and that production was vital to petitioner's business. Mr. Penalba was responsible for both production and sales of the fabric. Mr. Penalba not only developed the fabrics petitioner produced, but also supervised the production of the fabrics from the factories with which petitioner had contracts. While Mr. Penalba was intimately involved in production, he was also responsible for sales, including recruiting and training salesmen, customer service, and frequently meeting with customers and the salesmen. Respondent has submitted that 75 percent of Mr. Penalba's compensation is subject to the capitalization requirement of section 263A, while 50 percent of Mrs. Penalba's compensation is subject to section 263A. It appears from the record that Mr. Penalba's compensation was due substantially to his production services for petitioner. We have concluded that $400,000 was reasonable compensation to Mr. Penalba in petitioner's fiscal year 1990 for development of the cotton/Lycra fabric, which is part of production. Sec. 263A(g)(1). Certainly, petitioner has not shown that the compensation of Mr. Penalba was not primarily for his production duties. We hold that 75 percent of Mr. Penalba's compensation was for his production duties.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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