- 19 - A. Role in the Company The first factor focuses on the compensated employee's importance to the success of the business. Pertinent considerations include the employee's position, hours worked, duties performed, and the general importance of the employee to the company. American Foundry v. Commissioner, 536 F.2d 289, 291-292 (9th Cir. 1976), affg. in part and revg. in part 59 T.C. 231 (1972). Where a large salary increase is at issue (similar to the instant case), it is further useful to compare past and present duties and salary payments. Elliotts, Inc. v. Commissioner, supra at 1245. Mr. Martin was petitioner's key employee and the primary reason for its success over the years. As president, he was the driving force behind petitioner's success from its inception, and his personal services were essential to that success. He managed and built up petitioner's business, designed its physical plant and layout, and trained other later members of its management team. Although he had delegated some administrative duties and general business responsibilities to Mr. Crispe by the 1990 fiscal year in issue, Mr. Martin remained the driving force behind petitioner. Further, while he was also devoting some time and attention to Caribe in Puerto Rico, being petitioner'sPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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