- 65 - (1) The bonuses were in exact proportion to the officers' stockholdings; (2) payments were in lump sums rather than as the services were rendered; (3) there was a complete absence of formal dividend distributions by an expanding corporation; (4) the system of bonuses was completely unstructured, having no relation to services performed; (5) the company's negligible taxable income for 4 consecutive years was an indication that the bonus system was based on funds available rather than on services rendered; and (6) bonus payments were made only to the officer- stockholders in proportion to their stockholdings, and not to other employees. See, e.g., O.S.C. & Associates, Inc. v. Commissioner, 187 F.3d at 1120; Nor-Cal Adjusters v. Commissioner, 503 F.2d 359, 361-362 (9th Cir. 1974), affg. T.C. Memo. 1971-200. In this case, all the factors indicate that portions of the bonuses were disguised dividends. F. Conclusion We do not think that petitioner intended the relatively small salaries paid to Dennis and Curtis during the year to fully compensate them for their services. Thus, portions of the bonuses paid to Dennis and Curtis at the end of the year werePage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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