- 45 - On opening brief, petitioner contends as follows: Additionally, Mr. Brewer’s compensation lacked the typical benefits package. Mr. Brewer’s compensation package did not include, a retirement plan, a SEP, a 401(k), a Profit-sharing plan, a Defined benefits plan, a 205 plan, a 125 plan, sick leave, or paid vacation. (Trial Trans. Vol. 1 page 38) These types of benefits were customary in the industry and represent a substantial amount of money. This lack of customary benefits package justifies a larger salary. (Trial Trans. Vol. 2 pages 193-196) Typically, companies provide their executives with benefits representing 24.4% of compensation. (Exhibit 56-P page 7 and Exhibit X therein) If Mr. Brewer would have had a typical benefits package his cash compensation could have been 24% less and he still had the same total compensation. On answering brief, respondent replies as follows: Petitioner’s argument that Jack Brewer’s compensation in 1995 and 1996 made up for the lack of company provided fringe benefits is unfounded. It was not necessary for Jack Brewer to participate in a company sponsored profit sharing plan because, in fact, Jack Brewer determined and allocated substantially all company profits to himself on December 31 of each year. We analyze this matter as follows: Firstly, if petitioner means to say that courts apply the reasonable compensation test to only “cash compensation”, then petitioner is wrong. It has long been settled law that-- The sum of all compensation, deferred as well as direct, must meet the requirement of �162 that it be reasonable in amount. [Edwin’s, Inc. v. United States, 501 F.2d 675, 679 (7th Cir. 1974).] To the same effect, see LaMastro v. Commissioner, 72 T.C. 377, 381-382 (1979); Bianchi v. Commissioner, 66 T.C. 324, 329-330Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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