- 20 - 5. Petitioner's Financial Condition The past and present financial condition of a company is relevant to deciding whether compensation was reasonable. Home Interiors & Gifts, Inc. v. Commissioner, supra at 1157-1158. Respondent concedes that petitioner had become financially successful by 1992. Respondent points out that petitioner's gross and net profit margins for the fiscal year ending June 30, 1992, were 8.6 percent and 1.3 percent, which is less than the average of 9.8 and 1.6 percent for commercial construction contractors with receipts of $10 to $50 million, according to Robert Morris Associates (RMA) data. We give this RMA data little weight because we doubt that the companies on which it is based were in only their third year of operation. This factor favors petitioner. 6. Comparison of Salaries Paid With Sales and Net Income Courts have compared sales and net income to amounts of compensation in deciding whether compensation is reasonable. Mayson Manufacturing Co. v. Commissioner, supra. Respondent concedes that Choate's compensation was a small percentage ofPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011