- 13 - Whether the compensation is reasonable is a question to be resolved on the basis of an examination of all the facts and circumstances of the case. Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1155 (1980). Respondent's determination is presumed correct, and petitioner bears the burden of proving the reasonableness of the compensation. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). In addressing the reasonableness of compensation, courts have considered a number of factors including: (1) The employee's qualifications; (2) the nature, extent, and scope of the employee's work; (3) the size and complexities of the employer's business; (4) a comparison of salaries paid with the employer's gross and net income; (5) the prevailing general economic conditions; (6) a comparison of salaries paid with distributions and retained earnings; (7) the prevailing rates of compensation for comparable positions in comparable concerns; (8) the amount of compensation paid to the particular employee in previous years; and (9) the salary policy of the employer as to all employees. Rutter v. Commissioner, 853 F.2d 1267, 1274 (5th Cir. 1988), affg. T.C. Memo. 1986-407; Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d 1315, 1323 (5th Cir. 1987), affg. T.C. Memo. 1985-267; Home Interiors & Gifts, Inc. v. Commissioner, 3(...continued) be reasonable was paid for services rendered.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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