- 26 - its employees, both shareholders and nonshareholders, it may be able to justify a higher compensation level to its shareholder- employees. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1324. In addition, a longstanding, consistently applied compensation plan indicates that compensation is reasonable. Elliotts, Inc. v. Commissioner, supra at 1247. Petitioner paid bonuses to all employees, but petitioner did not pay bonuses to its nonshareholder escrow officers in a manner consistent with which it paid Kleindienst. Petitioner paid its escrow officers a closing commission of 10 percent of fees from escrows that they closed. Expert witnesses from both parties stated that escrow officers commonly make about one- third of the closing fees as commission. Petitioner never explained why its compensation plan for its escrow officers differed from the industry norm. These officers also solicited escrows without additional commission. In total, petitioner's other escrow officers received salary, commission, and bonuses of $218,763 and $248,091, while Kleindienst made $584,710 and $564,800 during the years in issue, respectively. In addition, Kleindienst's compensation exceeded the combined compensation of all of petitioner's other 21 employees by $127,419 in taxable year 1989 and its other 23 employees by $79,494 in taxable year 1990. The disparity between Kleindienst's compensation and that of the nonshareholder escrow officers is patently glaringPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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