Brewer Quality Homes, Inc. - Page 41

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          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 facts           





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