Eberl's Claim Service, Inc. - Page 14




                                        -14-                                          
                                    II.  OPINION                                      
          A.   Positions of the Parties                                               
               Respondent determined that it was unreasonable for                     
          petitioner to pay Eberl more than $286,815 for services rendered            
          in fiscal year 1992 and $234,227 in fiscal year 1993.  Respondent           
          now contends that the amounts petitioner paid in excess of                  
          $500,000 for fiscal year 1992 and $400,000 for fiscal year 1993             
          were unreasonable compensation, disguised dividends, and not for            
          services to petitioner.  Petitioner contends that the amounts it            
          paid Eberl in fiscal years 1992 ($4,340,000) and 1993                       
          ($2,080,000) were reasonable and were for services Eberl provided           
          to petitioner.                                                              
               A taxpayer may deduct payments for compensation if the                 
          amount paid is reasonable in amount and for services actually               
          rendered.  Sec. 162(a)(1).  Petitioner bears the burden of                  
          proving the reasonableness of compensation it paid in excess of             
          what respondent contends was reasonable.  Rule 142(a).                      
          B.   Controlling Factors                                                    
               Courts have considered several factors in deciding whether             
          compensation is reasonable in amount, such as:  (1) The                     
          employee's qualifications; (2) the nature and scope of the                  
          employee's work; (3) the size and complexity of the business; (4)           
          general economic conditions; (5) the employer's financial                   
          condition; (6) a comparison of salaries paid with sales and net             
          income; (7) distributions to shareholders and retained earnings;            




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