- 70 - Yet, from the notice of deficiency onward respondent clearly has not taken the all-or-nothing approach. Rather, even though respondent seems to regard the intent prong as more important than the reasonable amount prong, at each stage respondent has applied the intent argument only to so much of petitioner’s payments to Jack as exceeds reasonable compensation.22 On the basis of the record in the instant case, consistent with the foregoing, we conclude that part of the amounts petitioner paid to Jack in each of the years in issue was not intended as compensation. The part that was not intended as compensation in each year is the amount by which the payments exceeded the amounts that we have held to be reasonable compensation. See supra table 4. 22 For example, in the opening statement at trial, respondent’s counsel described respondent’s position as follows: It is Respondent’s position that in spite of Mr. Brewer’s contributions to Petitioner during the years at issue, the payments to him over and above what Respondent has allowed in the trial memorandum should be disallowed as disguised dividends. The trial memorandum reference is as follows: Respondent’s expert witness opinion (as modified by revised Exhibit IV-3 in the rebuttal report) provides for reasonable compensation for services rendered to petitioner by Mr. Brewer of $599,117.00 for 1995 and $485,966 for 1996. Further, the report allows additional compensation of $5,000.00 to Mr. Brewer for providing his personal guarantee to secure a short-term working capital line of credit in 1995. It is respondent’s position that the stated amounts represent the reasonable compensation to Mr. Brewer and will be sustained by the Court as such.Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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