Haffner's Service Stations, Inc. - Page 30




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          Haff, Emil, and Louise collectively, rather than individually,              
          and he drew no distinction among Haff, Emile, and Louise as to              
          the reasonableness of each individual’s compensation.  To                   
          Fishman’s mind, each officer’s compensation is reasonable under             
          section 162(a)(1) if the aggregate amount of compensation is                
          reasonable for the services performed by all of the officers.  We           
          disagree.  In fact, even Fishman recognized the impropriety of              
          his approach when he answered the Court’s question as to why he             
          included Haff’s compensation in the analysis of the                         
          reasonableness of Emile and Louise’s compensation.  The colloquy            
          went as follows:                                                            
                    The Court:  by including the third person and                     
               including that salary in here, we’re throwing into this                
               mix something that is not relevant.  I mean, suppose,                  
               for instance, the third person’s salary was $10,000?                   
               Or suppose it was $500,000?   It certainly has an                      
               impact, and it distorts the comparison?                                
                    The Witness:  I understand your point, and it                     
               would have been better if I had made an allocation by                  
               individual.  I didn’t think I could do that and sit                    
               here and talk to you about it.                                         
          We also note that Fishman, notwithstanding his knowledge of the             
          fact that Emile and Louise received equal bonuses, believed that            
          Louise performed significantly more services for petitioner than            
          Emile and acknowledged that some of Louise’s duties could have              
          been performed by somebody else for significantly less than the             
          amount paid to Louise.                                                      








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