Labelgraphics, Inc. - Page 31

                                       - 31 -                                         

          clean room labels, in our opinion the $722,913 bonus payment to             
          him far exceeds a reasonable bonus.  See, PMT, Inc. v.                      
          Commissioner, T.C. Memo. 1996-303 (shareholder-employee entitled            
          to additional compensation of $400,000 for his prior invention of           
          corporation's new fabric product; new fabric accounted for a $10            
          million increase in the corporation's sales during the year in              
          issue and corporation also enjoyed a high return on equity for              
          that year).                                                                 
               F. Amount of Reasonable Compensation.                                  
               We consider the $156,000 salary Mr. Martin received to be              
          reasonable.  As president, he managed a business that grossed               
          more than $4 million annually for its 1988 through 1990 fiscal              
          years.  He had also received approximately the same annual salary           
          since at least 1985.                                                        
               In addition, Mr. Martin should receive a bonus, as it had              
          been petitioner's practice to provide him a substantial portion             
          of his compensation in the form of an annual bonus tied to                  
          petitioner's financial performance during the recent fiscal year.           
          We consider a 1990 bonus of $250,000 to him to be reasonable.               
          Although petitioner's business slightly declined for the 1990               
          fiscal year, the decline had been expected and was attributable             
          to factors beyond Mr. Martin's control.  Moreover, petitioner               
          still grossed over more than $4.34 million for the fiscal year.             
          Also, as indicated previously, Mr. Martin is entitled to some               





Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011