B & D Foundations, Inc. - Page 45




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          build up petitioner, as they did not want petitioner to borrow              
          from third parties.                                                         
               However, petitioner provided insufficient evidence to                  
          establish the amount of the undercompensation of Mr. and Mrs.               
          Myers during its early years.  Neither did petitioner and its               
          expert address whether such past undercompensation had been                 
          recovered through its 1996 fiscal year in issue.  There are only            
          some vague statements in the record by Mr. Myers and Mrs. Myers             
          that this past undercompensation (which they and petitioner’s               
          expert failed to quantify) never had been made up to them.  The             
          fact of undercompensation in the past alone is not enough.  For a           
          reasonable compensation deduction for a subsequent year in issue            
          to be allowed to a taxpayer-employer for purportedly remedying              
          alleged undercompensation of an employee in earlier years, the              
          taxpayer-employer must, among other things, establish (1) the               
          amount of its undercompensation of that employee in those earlier           
          years, and (2) that this past undercompensation still remained              
          unremedied by the later year in issue.  Am. Foundry v.                      
          Commissioner, supra at 239-240; Labelgraphics, Inc. v.                      
          Commissioner, T.C. Memo. 1998-343.                                          
               During the trial, the Court pointed out the need for                   
          petitioner to provide persuasive evidence establishing what part            
          of the 1996 fiscal year compensation in issue to Mr. and Mrs.               
          Myers was catchup pay.  Also, as noted supra, the Memorandum of             
          Board Action covering the compensation package furnished Mr. and            




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