The Escrow Connection, Inc., A.K.A. The Escrow Connection - Page 30

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          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,             





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