- 27 - 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 isPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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