Herold Marketing Associates, Inc. - Page 17




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               We carefully scrutinize the facts at hand because                       
          petitioner, the paying corporation, is controlled by Herold, the             
          employee to whom the compensation was paid.  We must be sure that            
          any amount purportedly paid as compensation was actually paid for            
          services rendered by Herold, rather than a distribution to him of            
          earnings that petitioner could not otherwise deduct.  RTS Inv.               
          Corp. v. Commissioner, supra at 650; Paul E. Kummer Realty Co. v.            
          Commissioner, 511 F.2d 313, 315-316 (8th Cir. 1975), affg.                   
          T.C. Memo. 1974-44; Charles Schneider & Co. v. Commissioner,                 
          supra at 152-153.  We turn to the applicable factors.                        
          1.  Employee's Qualifications                                                
               An employee's superior qualifications justify high                      
          compensation.  See, e.g., Home Interiors & Gifts, Inc. v.                    
          Commissioner, supra at 1158; Dave Fischbein Manufacturing Co. v.             
          Commissioner, 59 T.C. 338, 352-353 (1972).                                   
               Herold is exceptionally qualified for petitioner's business             
          by virtue of his education, training, experience, and dedication.            
          He understands and controls every aspect of its operations.  He              
          is highly motivated and extremely productive.  He is the primary             
          reason for petitioner's success.                                             
               The ability to conceptualize a vision and to lead an                    
          organization to fulfill that vision is the essence of effective              
          business leadership.  As the record amply demonstrates, Herold's             
          vision and insight into his industry have enabled him to invent              
          and reinvent petitioner's business in response to a series of                
          crises that might have led others to capitulate.  In each                    

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