- 29 - deductible by EIC because the payments did not constitute reasonable compensation. With the foregoing five factors in mind, we analyze the reasonableness of each payment. The Commissions of $901,428 Paid in 1989 In EIC's notice of deficiency for 1989, respondent dis- allowed the $901,428 deduction for real estate commissions paid to petitioner. Respondent argues on brief that EIC has not produced evidence showing how it computed the commissions or explaining why the commissions were paid to petitioner. Peti- tioner responds that the commissions relate to specific sales, are consistent with the commissions paid to other salespeople, and are therefore reasonable and fully deductible. Petitioner maintains a broker's license, and actively participated in many of the land sales by EIC during 1989. In fact, petitioner's experience and ability as a salesman con- tributed significantly to the success of EIC. If petitioner participated in a sale, he was eligible to receive a commission on the sale. If petitioner alone was responsible for making the sale, he received the full 13-percent commission; otherwise, the commission was allocated among all of the participants. The 13- percent rate of commission is standard in the industry for these types of land sales. Considering the factors enumerated above, we conclude that it was reasonable to pay petitioner a commission for each sale inPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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