Brewer Quality Homes, Inc. - Page 45

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               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, 329-330               








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