Pulsar Components International, Inc. - Page 18

                                       - 18 -                                         

          assume it was, and we limit our discussion to the other two                 
          prongs, and we pass on these prongs seriatim.                               
          1.  Whether the Compensation Paid by Petitioner Was Reasonable              
             a. Overview                                                              
             Reasonable compensation is determined by comparing the                   
          compensation paid to an employee with the value of the services             
          that he or she performed in return.  Such a determination is made           
          with respect to each employee individually, rather than with                
          respect to the compensation paid to all employees collectively.             
          Such a determination is a question of fact.  RTS Inv. Corp. v.              
          Commissioner, 877 F.2d 647, 650 (8th Cir. 1989), affg. per curiam           
          T.C. Memo. 1987-98; Charles Schneider & Co. v. Commissioner,                
          500 F.2d 148, 151 (8th Cir. 1974), affg. T.C. Memo. 1973-130;               
          Mayson Manufacturing Co. v. Commissioner, 178 F.2d 115, 119                 
          (6th Cir. 1949), revg. and remanding a Memorandum Opinion of this           
          Court; Estate of Wallace v. Commissioner, 95 T.C. 525, 553                  
          (1990), affd. 965 F.2d 1038 (11th Cir. 1992).  Respondent's                 
          determination is presumed correct, and petitioner must prove it             
          wrong.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115                  
          (1933); RTS Inv. Corp. v. Commissioner, supra at 650.                       
             The cases concerning reasonable compensation are legion and              
          list many factors to be considered in making this factual                   
          determination.  The factors which may be considered, none of                
          which is controlling in itself, include:  (a) The employee's                





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011