Chen C. and Victoria R. Wang, et al. - Page 32

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               The $500,000 Bonus Paid in 1990                                        
               In EIC's notice of deficiency for 1990, respondent dis-                
          allowed a deduction for the $500,000 bonus paid to petitioner at            
          yearend.  Respondent argues on brief that the bonus was excessive           
          and therefore not deductible as reasonable compensation under               
          section 162(a).  EIC responds that petitioner, a key employee at            
          EIC, was instrumental in the corporation's success and entitled             
          to higher compensation.  EIC therefore concludes that the bonus             
          was reasonable and fully deductible.                                        
               We agree with EIC that petitioner played an important role             
          in the corporation's financial success.  Petitioner was a central           
          figure in managing the corporation and worked long hours to                 
          increase its business.  Nevertheless, on the basis of the record            
          before us, we are unable to conclude that EIC has successfully              
          demonstrated that the bonus was reasonable in amount.                       
               EIC has not related the bonus to any duties performed by               
          petitioner.  The record indicates that petitioner's administra-             
          tive functions with respect to EIC remained constant throughout             
          the years at issue, while petitioner's 1990 salary of $283,200              
          exceeded the salary he received in other years.  Thus, the bonus            
          did not serve to compensate petitioner for any unusual activities           
          in connection with his administrative functions.  Additionally,             
          no evidence was presented, nor any argument made, that this bonus           
          was derived from specific sales generated by petitioner.                    





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