- -14 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 ofPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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