Haffner's Service Stations, Inc. - Page 38




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               e.  General Economic Conditions                                        
               We analyze the general economic conditions related to the              
          relevant business.  General economic conditions may affect a                
          business’s performance and indicate the extent (if any) of the              
          employee’s effect on the company.  Mayson Manufacturing Co. v.              
          Commissioner, 178 F.2d 115, 119-120 (6th Cir. 1949), revg. and              
          remanding a Memorandum Opinion of this Court dated Nov. 16, 1948.           
          Adverse economic conditions, for example, tend to show that an              
          employee’s skill was important to a company that grew during the            
          bad years.                                                                  
               The record does not indicate whether petitioner’s success              
          during the subject years was attributable to the work of one or             
          more employees or to the general economic conditions.  The record           
          indicates, however, that the economic conditions related to                 
          petitioner’s business were not adverse.  As to both Emile and               
          Louise, we are unable to answer the question affirmatively.                 
               f.  Comparison of Salaries with Distributions to                       
          Shareholders and Retained Earnings                                          
               We compare Emile’s and Louise’s compensation first to                  
          petitioner’s distributions and then to its retained earnings.               
          The fact that petitioner has never paid a dividend is a factor              
          that may suggest that some portion of the amounts paid as                   
          compensation to a shareholder/employee is really a dividend.                
          Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d 1315,                    
          1322-1323 (5th Cir. 1987), affg. T.C. Memo. 1985-267; see also              





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