Brewer Quality Homes, Inc. - Page 24

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               (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.                                                   








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Last modified: May 25, 2011