- 39 - In 1984, Rogers rejected a job that offered to pay him in excess of $1 million a year to manage a home health care division. Instead, Rogers went to work for petitioner in 1986, managing its home health care business. Petitioner paid Rogers $66,943, $75,914, $431,702, and $928,883 in 1986, 1987, 1988, and 1989, respectively. It is evident, therefore, that Rogers was underpaid in each of those 4 years. Thus, we find that petitioner has met its burden of proving that part of the compensation paid Rogers in 1990 was intended to compensate him for services he performed prior to 1990. Conclusion We come to the point where we must use our best judgment, after weighing the evidence, to reconcile and integrate the factors discussed above and reach our ultimate conclusion. Because of all the factors and circumstances here present, we have given the issue herein a close scrutiny with the result that we agree with neither petitioner nor respondent. On the basis of our examination of the entire record we hold that $2.3 million constituted reasonable compensation to Rogers for personal services rendered to petitioner in 1990 and prior years. Issue 2. Accuracy-Related Penalty Under Section 6662 Respondent determined an accuracy-related penalty under section 6662 against petitioner for 1990 equal to 20 percent of the tax deficiency.Page: 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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