Chen C. and Victoria R. Wang, et al. - Page 29

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          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 in           





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