- 34 - that their own bonuses were based on their work, not on their stock ownership. Dudley and Freese were inconsistent on this point. Choate, who made the decision, was not. Respondent contends that the facts here are like those in Nor-Cal Adjusters v. Commissioner, T.C. Memo. 1971-200, affd. 503 F.2d 359 (9th Cir. 1974). We disagree. In Nor-Cal Adjusters, unlike in this case: (1) Bonuses were paid only to officer- shareholders and not to nonshareholder employees who did work similar to that done by officer-shareholders; (2) bonuses were exactly proportionate to stock ownership; and (3) the taxpayer's compensation plan was not based on a percentage of billings as were those of other independent insurance adjusting firms. Respondent contends that this case is similar to Pacific Grains, Inc. v. Commissioner, 399 F.2d 603, 607 (9th Cir. 1968), affg. T.C. Memo. 1967-7. We disagree. In Pacific Grains, Inc. v. Commissioner, supra at 606-607, unlike this case: (1) The pay at issue did not include catchup pay for prior services, and (2) the taxpayer did not pay dividends and had no reason to accumulate earnings and not to pay dividends.Page: 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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