- 12 - 1241, 1245-1247 (9th Cir. 1983), revg. and remanding T.C. Memo. 1980-282, the Court of Appeals for the Ninth Circuit divided the factors into five broad categories, to wit, the employee’s role in the company; comparison of the employee’s salaries with those paid by similar companies for similar services; the character and condition of the company, including the complexities of the business and general economic conditions; factors indicating a conflict of interest, such as the employee’s shareholder status; and internal consistency in a company’s treatment of payments to employees. No single factor is determinative. Pacific Grains, Inc. v. Commissioner, 399 F.2d 603, 606 (9th Cir. 1968), affg. T.C. Memo. 1967-7; Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1156 (1980). When the case involves a closely held corporation with the controlling shareholders setting their own level of compensation as employees, the reasonableness of the compensation is subject to close scrutiny. Owensby & Kritikos, Inc. v. Commissioner, supra; Elliotts, Inc. v. Commissioner, supra at 1246. Respondent relies on Maggio Bros. Co. v. Commissioner, 6 T.C. 999, 1006 (1946), and contends that the bonuses in question were not paid during petitioner’s 1990 tax year. Respondent argues that the payments by checks dated June 29, 1990, and immediate loans back to petitioner “lacked economic substance and were entered into solely for tax-avoidance purposes.” RespondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011