Wagner Construction, Inc. - Page 20




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               In the notice of deficiency, respondent disallowed                     
          $1,084,719 of the officer compensation deducted in 1995 (allowing           
          $210,169) and disallowed $898,560 deducted in 1996 (allowing                
          $201,205).  On brief, respondent now contends that officer                  
          compensation in excess of $435,450 ($243,000 paid to Dennis and             
          $192,450 to Curtis) in 1995 and in excess of $460,950 ($258,600             
          paid to Dennis and $202,350 to Curtis) in 1996 was unreasonable,            
          was disguised dividends, and was not compensation for services              
          Dennis and Curtis rendered to petitioner.                                   
          B. Controlling Factors                                                      
               A taxpayer may deduct payments for compensation if the                 
          amount paid is reasonable and for services actually rendered.               
          See sec. 162(a)(1).  The reasonableness of compensation is a                
          question of fact that must be answered by comparing each                    
          employee's compensation with the value of services that he or she           
          performed in return.  See RTS Inv. Corp. v. Commissioner, 877               
          F.2d 647, 650 (8th Cir. 1989), affg. per curiam T.C. Memo. 1987-            
          98; Charles Schneider & Co. v. Commissioner, 500 F.2d 148, 151              
          (8th Cir. 1974), affg. T.C. Memo. 1973-130; Estate of Wallace v.            
          Commissioner, 95 T.C. 525, 553 (1990), affd. 965 F.2d 1038 (11th            
          Cir. 1992).  Where, as in this case, the corporation is                     
          controlled by the same employees to whom the compensation is                
          paid, there is a lack of arm's-length bargaining.  Special                  
          scrutiny must be given to bonus payments paid under such                    






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