- 108 - AICR contract, both of which were entered into before the Contract, showed W&H’s understanding of the uses of graduated mailing fees. The market, as exemplified by Herge’s sample of fundraising contracts, provided two significant checks on excessive compensation in no-risk situations--early termination rights for the exempt organization (almost all the contracts) and graduated mailing fee (five contracts). Until the April 1986 agreement, the Contract did not provide either of these checks on the effect of high mailing fees, thereby reducing the market justification for charging what Watson acknowledged to be equal to the highest rates in the Washington, D.C. area. Although our inquiry in the instant case is to some extent similar to that in section 162(a)(1) cases, this inquiry is easier in one important respect--if we determine that there is excess compensation in a section 162(a)(1) case, then we must set a dollar amount on that excess, while in the instant case we merely have to determine whether there is excess compensation and need not then set a dollar amount. Airlie Foundation, Inc. v. United States, 75 AFTR 2d 95-2068, 95-2070, 95-1 USTC par. 50279 (D.C. Cir. 1995); Orange County Agr. Soc., Inc. v. Commissioner, 893 F.2d 529, 534 (2d Cir. 1990), affg. T.C. Memo. 1988-380; see Church of Scientology of California v. Commissioner, 823 F.2d 1310, 1316 (9th Cir. 1987), affg. 83 T.C. 381, 491-492 (1984); Founding Church of Scientology v. United States, 412 F.2d atPage: Previous 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Next
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