- 25 - Nothing in the record gives us comfort that treating blank responses as negative responses is a reasonable approach under the circumstances. Once again, "'We are not satisfied that a reasonable level of compensation for an executive like * * * [Herold] can be accurately determined by reference to the industries * * * [Mr. Carey] surveyed because of the absence of significant information on other businesses similar to petitioner's.'" Pulsar Components Intl., Inc. v. Commissioner, T.C. Memo. 1996-129 (quoting Thomas A. Curtis, M.D., Inc. v. Commissioner, T.C. Memo. 1994-15); see also Mad Auto Wrecking, Inc. v. Commissioner, T.C. Memo. 1995-153. Indeed, comparing compensation paid to officers of companies that differ markedly provides guidance of dubious value. See Diverse Indus., Inc. v. Commissioner, T.C. Memo. 1986-84; Niagara Falls Coach Lines, Inc. v. Commissioner, T.C. Memo. 1977-269. 8. Employer's Salary Policy As to All Employees Courts have considered salaries paid to other employees of a business in deciding whether compensation is reasonable. Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. at 1159. We look to this factor to determine whether Herold was compensated differently than petitioner's other employees merely because of Herold's status as a shareholder. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1322-1323. A reasonable, longstanding, and consistently applied compensation plan is evidence that compensation is reasonable.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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