Eberl's Claim Service, Inc. - Page 27




                                        -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