-27- 9. Petitioner's Compensation Policy for All Employees Courts have considered the taxpayer's compensation policy for its other employees in deciding whether compensation is reasonable. Mayson Manufacturing Co. v. Commissioner, 178 F.2d at 119; Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. at 1159. This factor focuses on whether the entity pays top dollar to all of its employees, including both shareholders and nonshareholders. Owensby & Kritikos, Inc. v. Commissioner, supra at 1329-1330. Petitioner offered no evidence that its other employees (Eberl's wife and mother-in-law) were paid at or near the high end of the compensation range. Although petitioner's adjusters were not its employees, we recognize that petitioner paid them 70 percent of the fee it received from the insurance company, compared to an industry norm of 60-65 percent. However, the adjusters did not share in the large distribution of profits petitioner made to Eberl at the end of the fiscal year. Thus, petitioner's payment policy for its adjusters is not similar to petitioner's payment policy for Eberl. Cf. Home Interiors & Gifts, Inc. v. Commissioner, supra (compensation paid to the taxpayer's shareholder-employees was reasonable in part because the taxpayer had longstanding practice of paying all of its key employees on the basis of commissions). This factor favors respondent.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011