Wagner Construction, Inc. - Page 54




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          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 and            






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