-17- ordinary. We believe respondent understates Eberl's level of effort. Michael Lawrence Melvin (Melvin) and K.D. Nunn have been catastrophic claims adjusters for more than 20 years. They testified that many people have tried to start a business like petitioner, but they do not know anyone who has been as successful as Eberl. Melvin formed an independent catastrophic claims adjusting company similar to petitioner, but his company went out of business in 1987 or 1988. This factor favors petitioner. 3. Size and Complexity of Business We consider the size and complexity of a taxpayer's business in deciding whether compensation is reasonable. Rutter v. Commissioner, supra; Pepsi-Cola Bottling Co. v. Commissioner, supra; Mayson Manufacturing Co. v. Commissioner, supra. A company's size is measured by its sales, net income, gross receipts, or capital value. Elliotts, Inc. v. Commissioner, 716 F.2d 1241, 1246 (9th Cir. 1983), revg. and remanding T.C. Memo. 1980-282; E. Wagner & Son v. Commissioner, 93 F.2d 816, 819 (9th Cir. 1937). Respondent contends that petitioner's business was simple because it sold only one service and performed few functions, none of which were complex. Respondent points out that: (a) Petitioner generally contracted with experienced claims adjusters who needed little or no day-to-day supervision, (b) petitionerPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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