- 24 - (2) Petitioner grew rapidly between 1991 and 1996. In 1995, it was ranked number 36 of Fleetwood mobile home retailers in the nation; in 1996, it climbed to number 13 in the nation. (3) Jack personally guaranteed the working capital lines of credit of petitioner. (4) Petitioner did not provide a defined benefit or profit- sharing plan to Jack. The only nonsalary benefit that petitioner provided to Jack was health insurance; Jack (and, presumably, Mary) was the only employee who did not receive paid sick and vacation leave. (5) Under Jack’s control, petitioner survived several economic downturns when many other mobile home retailers went out of business. The following indicia of relatively low reasonable compensation are present in the instant case: (1) The claimed compensation petitioner paid to Jack in 1995 and 1996 constituted 8.5 percent and 8.7 percent, respectively, of petitioner’s gross sales, and 82 percent and 85 percent, respectively, of petitioner’s taxable income. These percentages exceed those of most similar companies. (2) Petitioner did not maintain a compensation policy for Jack. Because Jack controlled the corporation, he was able to set his own compensation.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011