Herold Marketing Associates, Inc. - Page 18




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          instance, petitioner has survived the crisis by dint of Herold's             
          efforts.  Petitioner's profitability, which rests upon its sales,            
          upon key relationships Herold has painstakingly cultivated, and              
          upon Herold's ambition, inventiveness, and energy (as opposed to             
          petitioner's investment in capital) are the primary reasons for              
          petitioner's sales, growth, and success.  See Home Interiors &               
          Gifts, Inc. v. Commissioner, supra at 1158; Dave Fischbein                   
          Manufacturing Co. v. Commissioner, supra at 352-353.                         
          2.  Nature, Extent, and Scope of Employee's Work                             
               An employee's position, hours worked, duties performed, and             
          general importance to the success of a business may justify high             
          compensation.  Home Interiors & Gifts, Inc. v. Commissioner,                 
          supra at 1158.                                                               
               Herold is a micromanager who oversees all of petitioner's               
          executive and managerial functions.  He performs or oversees                 
          virtually all of its sales activities.  He supervises its daily              
          operations, including supervising and directing its employees,               
          and makes every key business decision.  Given the vital role                 
          Herold plays in petitioner's operations and success, and the long            
          hours that he dedicates thereto, we view Herold as indispensable             
          to petitioner's business.  Petitioner's growth and prosperity are            
          due directly to his skills, dedication, and creativity.  See                 
          Kennedy v. Commissioner, 671 F.2d 167, 176 (6th Cir. 1982), revg.            
          72 T.C. 793 (1979); Home Interiors & Gifts, Inc. v. Commissioner,            
          supra at 1158; Dave Fischbein Manufacturing Co. v. Commissioner,             
          supra at 352-353.                                                            

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