Metro Leasing and Development Corporation - Page 14




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          whether the Valentes’ efforts were designed to generate income              
          and/or to protect Mr. Valente’s capital investment.                         
               B.  An External Comparison of the Employee’s Salary With               
          Salaries Paid by Similar Companies for Similar Services                     
               On this point, respondent contends that Mrs. Valente would             
          not be entitled to earn the amount petitioner paid her during               
          1995 and 1996.  Conversely, petitioner argues that the                      
          compensation paid to Mr. and/or Mrs. Valente was for their joint            
          effort.  Admittedly, Mrs. Valente acted in the nature of an                 
          amanuensis for Mr. Valente; however, petitioner has shown that              
          its payments were to the Valentes for their joint efforts.  Our             
          focus here is not on the question of who should report the income           
          but on the amount deductible as reasonable compensation for the             
          efforts of the operative officers of petitioner.  See, e.g.,                
          Lewisville Inv. Co. v. Commissioner, 56 T.C. 770 (1971).                    
          Accordingly, we must evaluate whether the Valentes, acting                  
          together as petitioner’s operative officers, earned the amount of           
          compensation paid by petitioner.  Neither party introduced                  
          evidence about compensation paid by similar companies for similar           
          services.                                                                   
               C.  The Character and Condition of the Company                         
               Respondent characterizes petitioner as a small business with           
          activities that are not complex.  As noted, petitioner’s income             
          during the years in issue was from passive sources (rents,                  
          interest, and dividends), and respondent emphasizes that those              
          sources did not require much effort by the Valentes.  Respondent,           




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