C.H. Robinson, Inc. and Subsidiaries - Page 11

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          provided such payments, when added to the stipulated salaries, do           
          not exceed a reasonable compensation for the services rendered."            
          Sec. 1.162-9, Income Tax Regs.                                              
               Whether amounts paid as salary bonuses are to be treated as            
          reasonable and as paid for services rendered constitutes a                  
          factual question.  American Intl Coal Co., Inc. v. Commissioner,            
          T.C. Memo. 1982-204, affd. without published opinion 709 F.2d               
          1490 (3d Cir. 1983).                                                        
               Many factors are to be considered in determining whether               
          compensation should be treated as reasonable in amount.  Mayson             
          Manufacturing Co. v. Commissioner, 178 F.2d 115, 119 (6th Cir.              
          1949), remanding a Memorandum Opinion of this Court.  Where                 
          earnings of a corporation are not dependent upon efforts of a               
          large number of employees but are primarily dependent upon                  
          efforts of a few key individuals and where the retention of these           
          individuals in the employ of the corporation is necessary to its            
          continued successful operation, the use of a percentage of                  
          profits may be a valid manner to compute a reasonable level of              
          compensation for services rendered.  In Foos v. Commissioner,               
          T.C. Memo. 1981-61, we treated compensation measured by                     
          90 percent of net corporate profits as not reasonable, but we               
          treated compensation measured by 65 percent of net corporate                
          profits as reasonable.                                                      







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