- 41 - significantly higher than the 90th-percentile level shown by the RMA data for the same years. Our acceptance of Ding’s thesis, then, leads us to apply the RMA 90th-percentile ratios to petitioner’s sales, which results in reasonable compensation amounts significantly less than petitioner’s actual payments to Jack. This process leads us to initial calculations of $520,000 for 1995 and $600,000 for 1996 as reasonable compensation amounts for Jack’s services. (2) Loan Guaranty Hakala opined, in his expert witness report, that Jack was entitled to an additional $5,000 reasonable compensation “for providing his personal guarantee to secure a short-term working capital line of credit in 1995". Respondent has conceded the allowability of this additional amount. Petitioner does not dispute this item; we accept it. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1325 n.33. Accordingly, we increase our 1995 reasonable compensation determination to $525,000. (3) Previous Underpayment Petitioner contends that Jack was underpaid in previous years, particularly 1992 and 1993. See supra table 3. Petitioner argues as follows: While there are no corporate minuets [sic] declaring any part of Mr. Brewer’s compensation for 1995 and 1996 as make up salary, a good faith argument for extension of existing law can be made where it is apparent from the factsPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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