The Escrow Connection, Inc., A.K.A. The Escrow Connection - Page 11

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          case is appealable, has divided these factors into five                     
          categories:  (1) The employee's role in the company; (2) an                 
          external comparison of the employee's salary with salaries paid             
          by similar companies for similar services; (3) the character and            
          condition of the company; (4) the conflict of interest between              
          the company and the employee; and (5) the internal consistency in           
          the company's treatment of payments to employees.  Elliotts, Inc.           
          v. Commissioner, supra at 1245-1248.                                        
          A.  Role in the Company                                                     
               The first category of factors identified by the Court of               
          Appeals concerns the employee's role in the company.  Relevant              
          factors include the employee's qualifications, position and                 
          duties, hours worked, and the general importance of the employee            
          to the success of the company.  Elliotts, Inc. v. Commissioner,             
          supra at 1245; American Foundry v. Commissioner, 536 F.2d 289,              
          291-292 (9th Cir. 1976), affg. in part and revg. in part 59 T.C.            
          231 (1972).  An employee's superior qualifications and                      
          substantial contribution to the employer's extraordinary success            
          may justify a high level of compensation.  Home Interiors &                 
          Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1146 (1980).                     
          Petitioner maintains that Kleindienst is the primary reason for             
          petitioner's success while respondent contends that, although she           
          had the skill and experience to successfully manage petitioner,             
          neither her academic achievements nor experience was                        





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