Haffner's Service Stations, Inc. - Page 32




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          question):  “Would a hypothetical independent investor consider             
          the factor favorably to require the payment of the bonuses to the           
          employee in order to retain the services which the employee                 
          performed during the subject years?”  An answer in the negative             
          indicates that the payment of a bonus was not sufficiently tied             
          to the employee’s services to constitute personal service income            
          but was more likely a distribution of earnings.  An answer in the           
          affirmative supports deducting the bonuses as personal service              
          compensation.  The reasonableness of the amount of the employee’s           
          compensation (inclusive of the bonuses) then hinges on whether              
          the hypothetical independent investor, after taking into account            
          the amount of the compensation, would receive at least the                  
          minimum return anticipated on an investment in the employer.                
               a.  Employee’s Qualifications                                          
               We analyze the qualifications of Emile and Louise.  Each has           
          worked in petitioner’s business since its inception, and each               
          understands petitioner’s operation well.  Petitioner’s                      
          profitability during the subject years, however, did not rest               
          upon the personal qualifications of Emile or Louise but rested              
          more appropriately upon the volume of its sales, which, in turn,            
          hinged on the price at which petitioner sold its gasoline and               
          home heating oil.  In the particular industry of which petitioner           
          was a part, the marginal skills of Emile and Louise were not                
          critical to petitioner’s profitability.  Neither Emile’s nor                






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