William J. and Sandra D. Heitz - Page 16

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          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.                                                    








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