- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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