John L. Ginger Masonry, Inc. - Page 14

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               Petitioner's strength revealed itself during the economic              
          slowdown.  Ginger had aligned petitioner with the large                     
          developers, the most likely candidates to build during the                  
          downturn.  By this time, however, bid prices were critical in               
          obtaining work.  Ginger studied the jobsites of his competitors             
          and talked to their customers and suppliers in an attempt to                
          determine whether a competitor could bid a lower price than                 
          petitioner.  These were additional duties that Ginger took on as            
          a result of the economic slowdown.  In addition, Ginger reviewed            
          an industrywide credit report that indicated whether petitioner's           
          competitors were experiencing credit problems.                              
               Many other construction-related companies lost business                
          during the fall of 1990 and some went out of business entirely.             
          John Connors (Connors), vice president of a construction                    
          materials supply company, held an emergency meeting with the                
          executives of his company in September 1990 to address the                  
          economic downturn.  Connors' stores suffered a 40-percent to 60-            
          percent drop in sales.  Connors' company reduced its staff from             
          145 to 80 and reduced salaries across the board by 10 percent.              
                                       OPINION                                        
               Section 162(a)(1) allows a corporation to deduct "a                    
          reasonable allowance for salaries or other compensation for                 
          personal services actually rendered" as a business expense.  To             
          come within the ambit of section 162(a)(1), the compensation must           
          be both reasonable in amount and in fact paid purely for                    




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