Wagner Construction, Inc. - Page 59




                                       - 59 -                                         
               Petitioner contends that parts of the payments to Dennis and           
          Curtis were for services rendered in prior years.  Petitioner               
          relies on its expert to establish the amount of past                        
          undercompensation.  We have rejected Mr. Reilly's calculation of            
          undercompensation paid to Dennis and Curtis from 1986 to 1996.              
          We find that any undercompensation that may have occurred in                
          earlier years was rectified prior to the years at issue.  The               
          record does not indicate that the compensation paid to Dennis and           
          Curtis in 1995 and 1996 was attributable to services performed              
          for petitioner in earlier years.                                            
               This fact further indicates that part of the bonus was a               
          distribution of profits and not compensation for services.                  
               8. Comparison of Salaries Paid With Gross Income and Net               
          Income                                                                      
               Courts have compared compensation to gross and net income in           
          deciding whether compensation is reasonable.  See Owensby &                 
          Kritikos, Inc. v. Commissioner, 819 F.2d at 1322-1323; Mayson               
          Manufacturing Co. v. Commissioner, 178 F.2d 115 (6th Cir. 1949).            
          In most cases, considering compensation as a percentage of net              
          income is more probative than considering compensation as a                 
          percentage of gross receipts because compensation as a percentage           
          of net income more accurately gauges whether a corporation is               
          disguising the distribution of dividends as compensation.  See              
          Owensby & Kritikos, Inc. v. Commissioner, supra at 1325-1326.               







Page:  Previous  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  Next

Last modified: May 25, 2011