- 21 - 359, 362 (9th Cir. 1974), affg. T.C. Memo. 1971-200; Paula Construction Co. v. Commissioner, 58 T.C. at 1059. Where officer-shareholders who are in control of a corporation set their own compensation, careful scrutiny is required to determine whether the alleged compensation is in fact a distribution of profits. Rutter v. Commissioner, 853 F.2d 1267, 1270-1271 (5th Cir. 1988), affg. T.C. Memo. 1986-407; Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1324; Estate of Wallace v. Commissioner, 95 T.C. at 556; sec. 1.162- 7(b)(1), Income Tax Regs. We will consider first whether (and, if so, then to what extent) the payments to Jack exceeded reasonable compensation, and then whether (and, if so, then to what extent) any part of the payments that survive the first test should nevertheless be nondeductible because they were not intended to be compensation. Compare Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1325 (payments made in the form of compensation), with Paula Construction Co. v. Commissioner, 58 T.C. at 1057, 1059-1060 (payments made in the form of distributions), and King’s Court Mobile Home Park v. Commissioner, 98 T.C. 511, 514-515 (1992) (corporation’s unreported income diverted to shareholder). 1. Reasonableness Many factors are relevant in determining whether amounts paid to a person were reasonable compensation, including thePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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