- 29 - 9. Employer's Salary Policy As to All Employees Courts have considered salaries paid to other employees of a business in deciding whether compensation is reasonable. Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. at 1159. We look to this factor to determine whether Messrs. Bennett and Sokol were compensated differently than petitioner's other employees solely because of their status as shareholders. Petitioner deducted total salaries of $4,498,328, $5,203,045, and $5,197,408 in fiscal years 1990, 1991, and 1992, respectively. As a percentage of total salaries paid, Messrs. Bennett and Sokol received 60.02 percent in 1990, 51.89 percent in 1991, and 39.45 percent in 1992, even though they constituted less than 1 percent of petitioner's employees. Respondent contends that these figures constituted a significant proportion of petitioner's total salary costs. These percentages do not necessarily indicate that the level of compensation paid to Messrs. Bennett and Sokol was a function of ownership rather than management responsibility. A reasonable, longstanding, and consistently applied compensation plan, negotiated at arm's length, for example, is evidence that compensation is reasonable. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1327.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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