- 11 - 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 wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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