Wy'East Color, Inc. An Oregon Corporation - Page 27

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          Commissioner, supra, in that it states that compensation as a               
          percentage of gross sales is one of the factors we may consider.            
               We disagree with petitioner's reliance on Universal                    
          Manufacturing Co. v. Commissioner, supra.  The issue here is not            
          whether Mr. Cummings' compensation is reasonable.  It is whether            
          the management fees petitioner paid to Dacor and Kadac were                 
          reasonable.  Further, in that case, unlike here, part of the pay            
          during the year in issue was catchup pay for prior years.  The              
          taxpayer in that case introduced evidence comparing the                     
          compensation at issue with that paid by other companies.                    
          Petitioner did not do so here.  The executive in that case                  
          guaranteed the taxpayer's $2.8 million debt.  There is no similar           
          guarantee in this case.  The cases petitioner cites do not show             
          that the management fees at issue in this case are reasonable.              
               This factor favors petitioner.                                         
               4. Conclusion About Management Fees                                    
               We conclude that petitioner is entitled to deduct more                 
          management fees than respondent allowed for each year in issue,             
          but that part of the management fees that petitioner paid during            
          the years in issue was not reasonable.  Considering the above               
          discussion and the entire record, we hold that petitioner may               
          deduct management fees of $213,000, $525,000, and $554,000 for              
          fiscal years 1989, 1990, and 1991, respectively.  This amount is            







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