Chen C. and Victoria R. Wang, et al. - Page 33

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               A number of the factors enumerated by the Court of Appeals             
          for the Ninth Circuit weigh against EIC.  EIC is a closely held             
          corporation, controlled by petitioner, which did not pay any                
          dividends for the year.  This presents the textbook case of a               
          corporation with the opportunity to disguise nondeductible                  
          corporate distributions of income as compensation.  There is no             
          evidence to indicate that EIC paid any bonuses to any other                 
          employees nor evidence to suggest that the bonus in question was            
          paid according to a structured, formal, and consistently applied            
          program.  EIC has not put on any evidence, through expert testi-            
          mony or otherwise, that compares the compensation paid by EIC               
          with that paid by companies in similar industries for similar               
          services.  Accordingly, we conclude that EIC has not met its                
          burden in demonstrating that compensation paid to petitioner in             
          excess of his $283,200 salary was reasonable in amount and                  
          therefore find that the $500,000 bonus is not deductible under              
          section 162(a).                                                             
          Issue 3.  Loan or Constructive Dividend                                     
               During 1990, EIC made expenditures totaling $550,663 for               
          personal expenses of the Wangs.  The amounts so expended were               
          recorded as loans to shareholders in EIC's general ledger.                  
          Respondent determined that these payments did not constitute bona           
          fide loans and instead were constructive dividends to the Wangs.            







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