- 54 - supra; see also Rutter v. Commissioner, 853 F.2d 1267 (5th Cir. 1988), affg. T.C. Memo. 1986-407; Mayson Manufacturing Co. v. Commissioner, supra at 121. Dennis and Curtis worked long hours, 6 or 7 days a week. They were petitioner's only officers. Dennis performed all the duties of a CEO, and Curtis performed all duties of a COO. We view Dennis and Curtis as indispensable to petitioner's various business activities, including highway and heavy construction, logging, construction waste storage, and sand and gravel operations. Petitioner's growth and prosperity are due directly to the skills, dedication, and efforts of Dennis and Curtis. We find the nature and scope of the work performed by Dennis and Curtis warrant high compensation. 3. Size and Complexity of Business We consider the size and complexity of a taxpayer's business in deciding whether compensation is reasonable. See Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1322-1323; Mayson Manufacturing Co. v. Commissioner, supra. A company's size is measured by its sales, net income, gross receipts, or capital value. See E. Wagner & Son, Inc. v. Commissioner, 93 F.2d 816, 819 (9th Cir. 1937). Petitioner's business is more complex than that of many highway and heavy construction companies; petitioner's business also includes logging, construction, waste storage, and sand andPage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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