- 27 - rendered". To fall within the ambit of section 162(a)(1), the compensation must be both reasonable in amount and paid purely for services. Sec. 1.162-7(a), Income Tax Regs. Typically, the deductibility of compensation turns on whether the compensation paid is reasonable in amount. Elliotts, Inc. v. Commissioner, 716 F.2d 1241, 1243-1244, (9th Cir. 1983), revg. and remanding T.C. Memo. 1980-282. EIC bears the burden of proving the reason- ableness of compensation. Rule 142(a). The reasonableness of compensation is a question of fact to be determined on the basis of all the facts and circumstances. Pacific Grains, Inc. v. Commissioner, 399 F.2d 603, 606 (9th Cir. 1968), affg. T.C. Memo. 1967-7. Many factors are considered in determining whether compensation is reasonable, and no single factor is decisive. Mayson Manufacturing Co. v. Commissioner, 178 F.2d 115, 119 (6th Cir. 1949), revg. a Memorandum Opinion of this Court. In Elliots, Inc. v. Commissioner, supra at 1245- 1248, the Court of Appeals for the Ninth Circuit, the Court to which these cases are appealable, arranged these factors into five broad categories. The first factor focuses on the employee's responsibilities and duties in the organization. Relevant considerations include petitioner's qualifications, hours worked, duties performed, as well as his importance to EIC's success. American Foundry v. Commissioner, 536 F.2d 289, 292 (9th. Cir. 1976), affg. in partPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011