- 31 - 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, 592Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011