- 16 - inappropriate or erroneous deduction of certain bonuses. After these concessions, Exacto's income was over $1 million in each of the taxable years at issue. That level of income in each year would have been after taking into account Mr. Heitz’ compensation, no part of which was conceded by petitioner. F. External Comparison The sixth factor involves a comparison of the employee's salary with salaries paid by similar companies for similar services. Industry standards for compensation are important in determining reasonable compensation. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d 1315, 1330 (5th Cir. 1987), affg. T.C. Memo. 1985-267; sec. 1.162-7(b)(3), Income Tax Regs. Both respondent and petitioner offered expert testimony and written opinions on the level of reasonable compensation for an executive in a position comparable to Mr. Heitz’. Both experts reached conclusions favorable to the party that had engaged their services, and their reports were designed to support their conclusions. Respondent's expert used inappropriate or unsuitable data to reach a result that understates reasonable compensation, while petitioner's expert applied an inappropriate or unsuitable technique to reach a result that overstates reasonable compensation.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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