- 42 - the employer intended to compensate the employee for past undercompensation, and (2) the amount of the undercompensation. Pac. Grains, Inc. v. Commissioner, 399 F.2d at 606; Estate of Wallace v. Commissioner, 95 T.C. at 553-554. We conclude that none of the payments in issue were intended to compensate either Emile or Louise for past undercompensation. In addition to the fact that petitioner alleged in its petition that the compensation was all attributable to the efforts of Emile and Louise during the subject years, the payment of the extremely large bonuses to them began in 1990, around the time that the family lawsuit was initiated. Petitioner’s payment of these large amounts of cash obviously reduced its value and, correspondingly, the amount of petitioner’s value that was attributable to the disputed shares. In their capacity as defendants in the family lawsuit, Emile and Louise, the recipients of the bonuses, also were most likely incurring large expenses in defending against the lawsuit and were facing the possibility of a large damage award by virtue of an adverse ruling against them. We also observe that petitioner had sufficient resources in 1989 and in each of the subject years to pay Emile and Louise any additional amount that it purportedly believed was due to them for their services, that the bonuses were ascertained arbitrarily at the end of each year, and thatPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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