Pulsar Components International, Inc. - Page 30

                                       - 30 -                                         

          must show:  (1) That the employer intended to compensate the                
          employee for past undercompensation, and (2) the amount of the              
          undercompensation.  Pacific Grains, Inc. v. Commissioner,                   
          399 F.2d 603, 606 (9th Cir. 1968), affg. T.C. Memo. 1967-7;                 
          Estate of Wallace v. Commissioner, 95 T.C. 525, 553-554 (1990),             
          affd. 965 F.2d 1038 (11th Cir. 1992).                                       
             Petitioner has met both of these requirements.  Its board                
          found that, during the 2-year period ended July 31, 1984, the               
          Officers had not received $1,125,000 of the compensation provided           
          in their employment agreements.  Its board decided that                     
          petitioner would pay this liability during the year in issue.               
          During the 2 years prior to the year in issue petitioner                    
          experienced cash-flow problems, particularly during its first               
          year of operation, and sought to preserve its cash.  Petitioner             
          deferred the payment of some of the Officers' compensation until            
          the year in issue.  This factor favors petitioner.                          
             k.  Employer's Past and Present Financial Condition                      
             Petitioner grew and became very profitable.  Its equity grew             
          from $63,903 on July 31, 1983, to $960,582 on July 31, 1985, an             
          increase of 1,403 percent.  This factor favors petitioner.                  
             l.  Whether Employer and Employee Dealt at Arm's Length                  
             Where an employer and an employee are not dealing at arm's               
          length, the amount of compensation paid may be unreasonable.                
          Owensby & Kritikos, Inc. v. Commissioner, supra at 1324; Elliotts           





Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011