The Escrow Connection, Inc., A.K.A. The Escrow Connection - Page 14

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          significant in determining reasonable compensation.  Owensby &              
          Kritikos, Inc. v. Commissioner, supra at 1330; Charles Schneider            
          & Co. v. Commissioner, 500 F.2d 148, 154-155 (8th Cir. 1974),               
          affg. T.C. Memo. 1973-130; sec. 1.162- 7(b)(3), Income Tax Regs.            
          As Kleindienst performed numerous functions, the relevant                   
          comparison is to the salaries of each position she filled.                  
          Elliotts, Inc. v. Commissioner, 716 F.2d at 1245.                           
               At trial, both parties presented expert testimony as to what           
          a similar escrow firm would pay for Kleindienst's services.                 
          Petitioner called Larri Jones as an expert witness.  Jones                  
          supervises escrow operations at Chicago Title and determines                
          compensation for escrow officers.  Chicago Title pays its escrow            
          officers a base salary of $36,000 to $60,000 plus commission.               
          Jones described three types of commission.  The first commission            
          is paid to escrow officers based on escrow fees they generate by            
          closing escrows (closing commission).  To earn this commission,             
          an escrow officer must generate fees over a predetermined                   
          threshold.  Once over the threshold, an officer earns a                     
          commission of 25 to 31 percent of the closing fees generated; the           
          exact percentage depends on the officer's responsibilities, such            
          as hiring, overseeing escrow accounts, and marketing.  The second           
          commission is earned by an escrow officer who manages escrow                
          operations (management commission).  An escrow manager receives             
          an additional 2 to 4 percent of revenue generated by officers               
          under her supervision.  The third commission is paid to                     



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