Eberl's Claim Service, Inc. - Page 19




                                        -19-                                          
               Petitioner contends that it grew even though other                     
          independent claims adjusting companies failed.  Nonetheless,                
          petitioner benefited tremendously from the large amount of                  
          catastrophes (5 of the 10 largest in history) during its fiscal             
          years 1992 and 1993.  This factor favors respondent.                        
               5.   Petitioner's Financial Condition                                  
               The past and present financial condition of a company is               
          relevant to deciding whether compensation was reasonable.  Home             
          Interiors & Gifts, Inc. v. Commissioner, supra at 1157-1158.                
               Petitioner contends that the fact that its gross receipts              
          increased from $282,682 in fiscal year 1988 to $20,438,803 in               
          fiscal year 1992 and $9,168,585 in fiscal year 1993 shows that              
          its financial condition was good.  We disagree.                             
               Petitioner's financial condition (in contrast to Eberl's)              
          was poor.  Despite having a large increase in gross receipts from           
          fiscal year 1988 to fiscal years 1992 and 1993, petitioner had a            
          tiny amount of profits in fiscal years 1992 and 1993, negative              
          taxable income from fiscal years 1988 to 1992, and taxable income           
          of only $27,393 in fiscal year 1993.  Petitioner's profits in               
          fiscal years 1992 and 1993 were substantially lower than those of           
          comparably sized service companies.                                         
               In Alpha Med., Inc. v. Commissioner, 172 F.3d 942 (6th Cir.            
          1999), revg. T.C. Memo. 1997-464, the taxpayer was a medical                
          management corporation that paid its president and sole                     
          shareholder compensation of $4,439,180.  The U.S. Court of                  




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