Choate Construction Co. - Page 15

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            comparable positions in comparable companies; (11) compensation                              
            paid in prior years; and (12) whether the employee guaranteed the                            
            employer's debt.  Rutter v. Commissioner, supra; Owensby &                                   
            Kritikos, Inc. v. Commissioner, supra; Mayson Manufacturing Co.                              
            v. Commissioner, 178 F.2d 115, 119 (6th Cir. 1949), revg. and                                
            remanding a Memorandum Opinion of this Court dated Nov. 16, 1948;                            
            R.J. Nicoll Co. v. Commissioner, 59 T.C. 37, 51 (1972).  No                                  
            single factor controls.  Mayson Manufacturing Co. v.                                         
            Commissioner, supra.                                                                         
                  2.    Post-June 30, 1992, Facts                                                        
                  The last day of the tax year at issue was June 30, 1992.                               
            Respondent objected to the admission of evidence relating to some                            
            post-June 30, 1992, events as irrelevant.1  Petitioner relies on                             
            events occurring after June 30, 1992, to show Choate's value to                              
            petitioner in the year ending June 30, 1992, and to rebut                                    

                  1 Respondent does not argue on brief that we should not                                
            consider events occurring after June 30, 1992.  On brief,                                    
            respondent points out that Choate lent money to petitioner from                              
            June 2, 1992, to June 29, 1993, when he was receiving large                                  
            bonuses from petitioner.  Respondent's expert testified that he                              
            would consider petitioner's 1994, 1995, and 1996 financial                                   
            success in estimating Choate's reasonable compensation for 1992                              
            because the performance of an officer in a construction company                              
            affects the firm in later years.                                                             











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