Brewer Quality Homes, Inc. - Page 17

                                       - 17 -                                         
          intended, they were unreasonable in amount for the services he              
          rendered.  Respondent argues that these excess amounts are not              
          deductible under section 162(a)(1).                                         
          B.  Summary; Conclusions                                                    
               In determining the maximum reasonable compensation for                 
          Jack’s services for the years in issue, we have considered the              
          relevant factors listed in Owensby & Kritikos, Inc.  v.                     
          Commissioner, 819 F.2d 1315, 1323 (5th Cir. 1987), affg. T.C.               
          Memo. 1985-267.  Both parties presented expert witness reports              
          and testimony on the applicability of the relevant factors to the           
          instant case.  While we do not find the experts’ conclusions                



               4(...continued)                                                        
                    OPENING STATEMENT BY COUNSEL ON BEHALF OF THE                     
               RESPONDENT                                                             
                    MS. CALKINS:  Your Honor, this case presents two                  
               questions:  whether a portion of payments made to Mr. Brewer           
               in 1995 and 1996 and deducted as officer’s compensation by             
               the Petitioner are actually disguised dividends. * * *                 
          The second question, respondent stated, was whether the deducted            
          amounts “are reasonable in amount.”  The final sentence of                  
          respondent’s opening statement is as follows:                               
                    It is Respondent’s position that in spite of Mr.                  
               Brewer’s contributions to Petitioner during the years at               
               issue, the payments to him over and above what Respondent              
               has allowed in the trial memorandum should be disallowed as            
               disguised dividends.                                                   
               Thirdly, our search of the transcript shows that,                      
          notwithstanding respondent’s clear statements at the start of the           
          trial, petitioner did not object, or otherwise comment on this              
          matter, at that time or at any other time during the 3-day trial.           





Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011