- 10 - We must next decide what constitutes reasonable compensation for the services performed by Michael and Jody as employees. Petitioners, relying on the agreements described supra, maintain that it is reasonable for Michael and Jody to have received no salaries for their services as employees. In the statutory notices of deficiency, respondent determined that the following amounts paid to or on behalf of Michael and Jody constitute employee wages: Year Michael Jody 1992 $46,000 --- 1993 86,000 $16,705 1994 61,000 23,415 Initially, we reject petitioners' claim that the failure to pay employee wages to Michael and Jody is reasonable. We find that the characterization in the aforementioned agreements of the amounts paid to or on behalf of Michael and Jody do not reflect the true character of such payments. See Joseph Radtke, S.C. v. United States, 712 F. Supp. 143 (E.D. Wis. 1989), affd. per curiam 895 F.2d 1196 (7th Cir. 1990). The question left for us to decide is what constitutes reasonable compensation for the personal services actually rendered by Michael and Jody as employees. Sec. 162(a)(1); Roob v. Commissioner, 50 T.C. 891, 898 (1968); sec. 1.162-7, Income Tax Regs. Whether compensation is reasonable is a question to be resolved on the basis of an examination of all the facts and circumstances of the case. Kennedy v. Commissioner, 671 F.2dPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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