E.J. Harrison and Sons, Inc. - Page 31

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          functions * * * [and at] the different sponsorship events that we           
          do”, acknowledged that petitioner’s success derived from its                
          ability to provide good service at a reasonable price.                      
               The testimony of those public officials responsible for                
          awarding the trash hauling contracts demonstrates that                      
          petitioner’s success in obtaining those contracts was based upon            
          its ability to carry out those contracts in a satisfactory manner           
          and at a reasonable price; i.e., the awards were based upon                 
          performance, not reputation for community involvement.  Thus,               
          although petitioner has shown that Mrs. Harrison was instrumental           
          in helping petitioner project a positive corporate image in the             
          communities it served, petitioner has not shown that Mrs.                   
          Harrison’s public relations activities contributed directly to              
          its sales and profits.                                                      
                  (3)  Personal Guaranties                                            
               Courts, including this Court, have developed a series of               
          factors for deciding the deductibility of guaranty fees paid to a           
          shareholder employee:  (1) Whether, given the financial risks,              
          the fees are reasonable in amount; (2) whether businesses of the            
          same type and size as the payor must customarily pay guarantor              
          fees to shareholders; (3) whether the shareholder demanded                  
          compensation for the guaranty; (4) whether the payor had                    
          sufficient profits to pay a dividend, but failed to do so; and              
          (5) whether the purported guaranty fees were proportional to                
          stock ownership.  See Olton Feed Yard, Inc. v. United States, 592           




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