Choate Construction Co. - Page 30

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                  This factor favors petitioner.                                                         
                  12. Employee's Guaranty of the Employer's Debt                                         
                  In deciding whether compensation is reasonable, courts have                            
            considered whether the employee personally guaranteed the                                    
            employer's debt.  See R.J. Nicoll Co. v. Commissioner, supra at                              
            51.  Choate personally guaranteed petitioner's debt in the early                             
            years.                                                                                       
                  Respondent points out that in petitioner's fiscal year                                 
            ending June 30, 1991, petitioner had a $250,000 line of credit at                            
            the prime rate guaranteed by a shareholder (presumably Choate),                              
            which there is no evidence petitioner used.  Respondent also                                 
            contends that Choate profited by lending substantial amounts of                              
            money to petitioner in calendar year 1992 at an interest rate of                             
            13 percent.  Despite this, there is no doubt that Choate                                     
            personally guaranteed petitioner's debt.                                                     
                  Respondent contends that Dudley assumed financial risk for                             
            petitioner.  Respondent bases this on the fact that Dudley                                   
            pledged his home as collateral to Choate when Dudley bought 5                                
            percent of petitioner's stock.  Dudley did not assume financial                              














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