- 36 - by petitioner. Petitioner contends this fact is of particular importance in this case. Contrary to the position of petitioner, we do not find that the fact respondent chose not to assert deficiencies in the prior examination is necessarily important, or that it indicates that the IRS accepted the manner in which compensation was determined. See Owensby & Kritikos, Inc. v. Commissioner, supra at 1329; cf. Mayson Manufacturing Co. v. Commissioner, supra at 121 (commission contract approved and accepted by the Commissioner over a period of a number of years). We note that Rogers was paid total compensation of $928,883 in 1989, compared to $4,439,180 in 1990. The dramatic increase raised the stakes involved and thereby increased respondent's incentive to challenge the payments. Owensby & Kritikos, Inc. v. Commissioner, supra at 1329 n.57. The great disparity between the amounts paid to the nonshareholders and the sole shareholder--Rogers--and the fact that Rogers' compensation plan was not the result of a longstanding arm's-length agreement point to the conclusion that the compensation paid Rogers in 1990 was in part unreasonable. 9. Amount of Compensation Paid to Rogers in Previous Years We note at the outset that respondent concedes on brief that the maximum reasonable compensation for Rogers in 1990 is $1,837,821. Respondent arrived at this amount by calculating thePage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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