- 45 - 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. andPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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