Normandie Metal Fabricators, Inc. - Page 15

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          B.   Controlling Factors                                                    
               In Rapco, Inc. v. Commissioner, 85 F.3d 950, 954 (2d Cir.              
          1996), affg. T.C. Memo. 1995-128, the U.S. Court of Appeals for             
          the Second Circuit, the court to which an appeal in this case               
          would lie, stated five factors to be considered in assessing the            
          reasonableness of an employee's compensation:  (1) The employee's           
          role in the taxpaying company, including the employee's position,           
          hours worked, and duties performed; (2) potential conflicts of              
          interest, such as the ability to “disguise” dividends as salary;            
          (3) the employer’s compensation policy for all employees; (4) the           
          character and financial condition of the company; and (5)                   
          comparison of the employee's salary with those paid by similar              
          companies for similar services.  No single factor controls.                 
          These factors should be examined from the perspective of an                 
          independent investor.  See id. at 954-955; Dexsil Corp. v.                  
          Commissioner, 147 F.3d 96, 100 (2d Cir. 1998), vacating and                 
          remanding T.C. Memo. 1995-135.                                              
               Both parties called experts to testify about whether the               
          amount of compensation paid to the Kleins was reasonable.                   
          Petitioner's expert was Paul Dorf (Dorf), and respondent's expert           
          was Scott D. Hakala (Hakala).                                               
               We next apply the factors listed above in deciding whether             
          the amount of compensation petitioner paid to the Kleins was                
          reasonable.                                                                 






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