Haffner's Service Stations, Inc. - Page 22




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          particular employee in previous years; and (j) whether the                  
          employer offers a pension plan or profit-sharing plan to its                
          employees.  See Mad Auto Wrecking, Inc. v. Commissioner, supra              
          (and the cases cited therein).  Recently, the Court of Appeals              
          for the Seventh Circuit has expressed its disagreement with a               
          multifactor test, opting instead to rest its analysis of the                
          reasonableness of compensation primarily on whether an                      
          independent investor would have approved of the amount of                   
          compensation paid to the employee.  Exacto Spring Corp. v.                  
          Commissioner, 196 F.3d at 838-839.  The court observed that the             
          Courts of Appeals for the Second and Ninth Circuits have                    
          concluded somewhat differently by requiring that the various                
          factors of the traditional test be analyzed from the perspective            
          of an independent investor.  Id. at 838; accord Eberl’s Claim               
          Serv., Inc. v. Commissioner, 249 F.3d 994, 1003-1004 (10th Cir.             
          2001) (court rejected independent investor test in lieu of a                
          multifactor approach), affg. T.C. Memo. 1999-211.  Our                      
          jurisprudence has also applied a multifactor test through the               
          lens of an independent investor, in the setting of a case that              
          was not appealable to a circuit that had already recognized such            
          an application.  Wagner Constr., Inc. v. Commissioner, T.C. Memo.           
          2001-160 (venue was the Eighth Circuit); see also Tricon Metals &           
          Servs., Inc. v. Commissioner, T.C. Memo. 1997-360.  We follow               








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