- 43 - 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 duringPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: May 25, 2011