- 7 - Commissioner, supra at 1324; Estate of Wallace v. Commissioner, supra at 556. Recent cases in some Courts of Appeals have adopted a somewhat different view of this analysis, substituting instead an independent investor test. See, e.g., Exacto Spring Corp. v. Commissioner, 196 F.3d 833, 838 (7th Cir. 1999), revg. Heitz v. Commissioner, T.C. Memo. 1998-220. This case is appealable to the Court of Appeals for the Third Circuit, which has not adopted the independent investor test but has endorsed the traditional multifactor test. See B.B. Rider Corp. v. Commissioner, 725 F.2d 945 (3d Cir. 1984), affg. in part and vacating in part on other grounds T.C. Memo. 1982-98. We have applied the multifactor test for reasonableness, viewed through the lens of an independent investor, when a case is not appealable to a circuit that has addressed this issue. See Haffner’s Serv. Stations, Inc. v. Commissioner, T.C. Memo. 2002-38. Whatever analysis is applied, petitioner has made a prima facie case for reasonableness. Respondent has provided no evidence to the contrary. Respondent conceded in the stipulation that Richard, Sr.’s salary was within the range of salaries paid to similarly situated executives. Respondent allowed all but $65,000 of Richard, Sr.’s compensation. Respondent gives no reasoning for his calculation of the “excessive” compensation.Page: Previous 1 2 3 4 5 6 7 8 Next
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