- 36 - Memo. 1978-394; Allison Corp. v. Commissioner, T.C. Memo. 1977- 166. In each of those cases, and in R.J. Nicoll Co. v. Commissioner, 59 T.C. 37 (1972), cited by petitioner, the Court simply listed a key employee-shareholder’s personal guaranty of corporate employer debt as one of several positive contributions by the employee to the corporate employer. All of those no-fee cases involve a key employee, usually the person (or one of the persons) most responsible for the success of the corporate employer. No specific compensatory amount is attributed to the guaranty, and in none of the cases is it certain that the Court would have reached a different result in the absence of the guaranty.5 Moreover, in Owensby & Kritikos, Inc. v. Commissioner, supra, the Court of Appeals for the Fifth Circuit hedged its comment regarding the relevance of the loan guaranties by noting that “[t]he record is unclear * * * as to the amount or riskiness of these loans”, an allusion to factor (1) in the guaranty fee cases. Mrs. Harrison’s loan guaranties represented one of her principal contributions to petitioner. They did not, as in the 5 In Adolph Hanslik Cotton Co. v. Commissioner, T.C. Memo. 1978-394, the Commissioner argued that an amount paid for the guaranty of a line of credit is not “compensation for personal services actually rendered” within the meaning of sec. 162(a)(1) and, therefore, may not be considered in finding the amount that constitutes “reasonable” compensation. We declined to address that argument on the ground that “[o]ur finding would be the same regardless of whether guarantying such obligations may properly be considered.” Id. at n.14.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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