- 30 - Estate of Reinke v. Commissioner, 46 F.3d at 765. In this case, the record contains no indication that petitioner specifically requested that respondent waive the addition prior to trial. Even if it had requested a waiver, petitioner did not prove reasonable cause existed for its compensation deduction. Petitioner asserts that it reasonably relied on the no-change result from an audit regarding Kleindienst's compensation for taxable year 1987 in determining Kleindienst's compensation for taxable year 1989. In taxable year ended July 31, 1987, Kleindienst earned $364,755. In a letter to the Internal Revenue Service (IRS) in response to the audit, West justified Kleindienst's compensation as a percentage of petitioner's gross receipts. During taxable years 1985-87, the percentage ranged from 34 percent to 44 percent. West stated that she believed that the no-change result of the audit meant that the IRS approved of compensation to Kleindienst as a percentage of gross receipts within this range. The no-change result of a prior audit does not mean that respondent approved the manner in which petitioner determined Kleindienst's compensation or that her compensation in taxable year 1987 was reasonable. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1329. In Owensby, the court held that the prior audit result is not decisive in determining the reasonableness of compensation for a subsequent year. However,Page: 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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