- 12 - Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1158 (1980). Petitioner maintains that Mr. Heitz is involved in every facet of Exacto's business and that he discharged his responsibility through long hours and significant effort. Respondent acknowledges that Mr. Heitz is a valuable employee, but respondent maintains that this fact was taken into account in his determination of reasonable compensation. Mr. Heitz was indispensable to Exacto's business. He worked 60 to 70 hours per week, performing several functions. Mr. Heitz served as president and chief executive officer, and he supervised sales, marketing, and research and development. In addition, Mr. Heitz assisted in the development of an automated line of spring-making machines and in inventing technical and practical advances in spring packaging. Mr. Heitz was essential to Exacto's success. B. Scarcity of Qualified Employees The second factor considered in determining whether compensation is reasonable is the ability of the employer to find a qualified replacement for the employee. Home Interiors & Gifts, Inc. v. Commissioner, supra at 1158. Mr. Heitz is a technical expert in the area of spring design. Spring design is an extremely specialized branch of mechanical engineering, andPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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