- 14 - 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 toPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011