B & D Foundations, Inc. - Page 43




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          scale for its construction workers, as Mr. Myers set each                   
          worker’s hourly wage rate on an individual basis.  The workers              
          further all usually received Christmas bonuses, and certain key             
          workers were paid additional bonuses.                                       
               In contrast, Mr. Myers and Mrs. Myers annually have set                
          their own compensation.                                                     
               For obvious reasons, Mr. and Mrs. Myers, who were the only             
          members of petitioner’s management team, were compensated on a              
          different basis from petitioner’s construction workers.  No other           
          employees of petitioner performed services similar to those of              
          Mr. and Mrs. Myers.                                                         
               This factor is neutral.                                                
               I. Compensation Paid to Mr. Myers and Mrs. Myers                       
          in Previous Years                                                           
               Where a large salary increase is in issue (as in the case at           
          hand), it may be useful to compare past and present duties and              
          salary payments, Elliotts, Inc. v. Commissioner, 716 F.2d at                
          1245, in order to determine whether and to what extent the                  
          current payments represent compensation for services performed in           
          prior years, which can be currently deductible.  Lucas v. Ox                
          Fibre Brush Co., 281 U.S. 115, 119-120 (1930); Am. Foundry v.               
          Commissioner, 59 T.C. 231, 239 (1972), affd. in part and revd. in           
          part 536 F.2d 289 (9th Cir. 1976).                                          
               As indicated previously, respondent’s expert Mr. Packard               
          acknowledged that Mr. and Mrs. Myers were undercompensated during           





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