- 25 - remanding on other grounds T.C. Memo. 1980-282; see also Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1327. This factor favors respondent. 3. Internal Consistency in Compensation: Consistency of the Compensation System Throughout the Company Inconsistency of the compensation system throughout the ranks of the company may suggest that the employee’s compensation is not reasonable. See Rapco, Inc. v. Commissioner, 85 F.3d at 954. Isidore and Steven Klein paid themselves and Jeffrey Schwaeber generously. Petitioner contends that it paid all of its employees at or above market rate salaries. We disagree. Petitioner presented no persuasive evidence that it paid all of its employees at or above market rate salaries. On brief, petitioner concedes that it did not have a bonus program during the years in issue. There is no evidence that any of petitioner’s employees other than Isidore and Steven Klein shared in the large distribution of profits petitioner made at yearend in 1993, 1994, and 1995. Cf. Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1159- 1160 (1980) (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
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