Chen C. and Victoria R. Wang, et al. - Page 30

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          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.            





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