John L. Ginger Masonry, Inc. - Page 17

                                       - 17 -                                         
          fruition.  Ginger reviewed all of petitioner's expenditures,                
          ensured low overhead, resisted adding new employees, and insisted           
          that petitioner grow through retained earnings.  Ginger                     
          continually marketed petitioner's services.  Ginger's sales and             
          marketing abilities were described as "amazing" and                         
          "outstanding".  Petitioner grew steadily from its inception in              
          1984, weathered the economic downturn in 1991, and began a                  
          recovery in 1992.  Ginger served as the catalyst for petitioner's           
          growth and success.                                                         
          2. External Comparison                                                      
               We also compare the employee's salary with the salaries paid           
          by similar companies for similar services.  Sec.1.162-7(b)(3),              
          Income Tax Regs.  Both parties offered expert testimony as to               
          what a like company would pay for like services.  Both experts              
          considered surveys of financial data on numerous organizations,             
          including developers, builders, residential building contractors,           
          and construction contractors in specialty trades.                           
               a. Respondent's Expert                                                 
               Respondent presented expert testimony from Scott D. Hakala             
          (Hakala).  Hakala reviewed the surveys of financial data and                
          concluded that it was not very "satisfying".  As a result, he               
          relied less on the market data than he would prefer for the final           
          conclusion.  Instead, Hakala derived a formula to calculate                 
          Ginger's compensation; the formula does incorporate one aspect of           
          the survey data.                                                            




Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011