-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;Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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