Eberl's Claim Service, Inc. - Page 17




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          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) petitioner              




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