- 30 - 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 financialPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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