- 30 - which he participated. Petitioner was compensated for his role as a salesman, and, as such, his activities and duties were comparable to those of other salespeople. The record indicates that commissions paid by EIC conform with those typically paid in the industry and were paid to petitioner based upon a formal and consistently applied program. Respondent argues that EIC has failed to adduce specific evidence concerning petitioner's actions relative to the sales on which he earned commissions. Respondent posits that, because petitioner controlled EIC, he had the ability to pay himself the full commission on a sale, to the detriment of any other sales- person who might have worked on the sale. We do not find merit in respondent's argument. The record indicates that, on several occasions, petitioner split the commission on a sale with other salespeople. Moreover, petitioner's ability to take the full commission on a sale is limited in those circumstances where other salespeople participated in the sale. A salesperson who is losing commissions to petitioner would likely seek employment with another real estate dealer where commissions are not being appropriated by the business owner. We are unable to find, however, that the commissions paid by EIC are reasonable in amount. The commissions paid by EIC for land sales in 1989 are substantiated by a schedule which lists, in chronological order, all the land transactions for that year.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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