H & A International Jewelry, Ltd. - Page 14

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          attributes.  When petitioner is successful, he is the primary               
          reason for its success.  While this factor favors petitioner, we            
          note that there are limits to reasonable compensation "even for             
          the most valuable employees."  Owensby  & Kritikos, Inc. v.                 
          Commissioner, 819 F.2d 1315, 1325 (5th Cir. 1987), affg. T.C.               
          Memo. 1985-267.                                                             
               Nature, Extent, and Scope of the Employee's Work                       
               An employee's position, hours worked, duties performed, and            
          general importance to the success of a business may justify high            
          compensation.  Home Interiors & Gifts, Inc. v. Commissioner,                
          supra at 1158.                                                              
               Mr. Haviv essentially runs the entire business.  Among other           
          roles, Mr. Haviv is petitioner's president, sole purchaser, and             
          supervisor of most sales.  When Mr. Haviv is able to utilize all            
          of his skills to purchase jewels at low prices, petitioner can              
          generate profits.  This factor favors petitioner.                           
               Size and Complexities of the Business                                  
               Courts have considered the size and complexity of a                    
          taxpayer's business in deciding whether compensation is                     
          reasonable.  Pepsi-Cola Bottling Co. v. Commissioner, supra at              
          179.  In evaluating the size of petitioner we examine its sales             
          and net income.  See E. Wagner & Son v. Commissioner, 93 F.2d               
          816, 819 (9th Cir. 1937).  In considering the complexities of               
          petitioner's business we note that petitioner does not own its              
          own building, has only 13 employees, has retained earnings of               




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