Brewer Quality Homes, Inc. - Page 22

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          following:  The person’s qualifications; the nature, extent, and            
          scope of the person’s work; the size and complexities of the                
          business; a comparison of salaries paid with gross income and net           
          income; the prevailing general economic conditions; a comparison            
          of salaries with distributions to stockholders; the prevailing              
          rates of compensation for comparable positions in comparable                
          concerns; the salary policy of the taxpayer as to all persons; in           
          the case of small corporations with a limited number of officers            
          the amount of compensation paid to the particular person in                 
          previous years; and whether the corporation provided the person             
          with a pension or profit-sharing plan.  Owensby & Kritikos, Inc.            
          v. Commissioner, 819 F.2d at 1323, and cases there cited.  No               
          single factor is decisive; rather, we must consider and weigh the           
          totality of the facts and circumstances in arriving at our                  
          decision.  Idem.                                                            
               Before we apply the relevant factors to the instant case, we           
          note that petitioner presented evidence of three offers to buy              
          petitioner.  The parties devoted substantial efforts to analyze             
          the direct and indirect (i.e., regarding return on investment)              
          significance of these offers.  Indeed, respondent’s expert                  
          opined: “The single best evidence of reasonable compensation can            
          be found in the three subsequent offers to acquire the assets and           
          business of [petitioner]”.  However, none of the offers is                  
          sufficiently detailed to enable us to determine what Jack’s                 






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Last modified: May 25, 2011