Wagner Construction, Inc. - Page 57




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          a COO.  Therefore, on the basis of the data that we have found              
          reliable for other companies in the industry contained in Mr.               
          Reilly's report, we find that for both years in issue at least              
          $385,000 is reasonable compensation for Dennis as CEO and at                
          least $250,000 is reasonable for Curtis as COO.                             
               6.  Petitioner's Compensation Policy for All Employees                 
               Courts have considered the taxpayer's compensation policy              
          for its other employees in deciding whether compensation is                 
          reasonable.  See Mayson Manufacturing Co. v. Commissioner, 178              
          F.2d at 119; Home Interiors & Gifts, Inc. v. Commissioner, 73               
          T.C. at 1159.  This factor focuses on whether the entity pays top           
          dollar to all employees, including both stockholders and                    
          nonstockholders.  See Owensby & Kritikos, Inc. v. Commissioner,             
          supra at 1329-1330.  We look to this factor to determine whether            
          Dennis and Curtis were compensated differently than petitioner's            
          other employees merely because of their status as stockholders.             
          See id.                                                                     
               Petitioner paid its employees the highest wages under the              
          union contracts.  That fact, along with petitioner's success,               
          supports paying Dennis and Curtis the highest salaries for                  
          officers.  The salaries paid to Dennis and Curtis were                      
          substantially lower than the compensation paid to top executives            
          of other companies.  This supports a finding that part of the               
          bonus was compensation for services rendered during the year.               






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