E.J. Harrison and Sons, Inc. - Page 47

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          III.  Conclusion                                                            
               We consider respondent’s analogy of Mrs. Harrison’s                    
          activities on petitioner’s behalf to the duties performed by an             
          outside board chair to be apposite.  Moreover, Mr. Carey’s focus            
          on the median compensation paid to outside board chairs at                  
          comparably sized companies appears reasonable in the absence of             
          evidence that Mrs. Harrison’s services should place her in either           
          a higher or lower percentile.  We find, however, that Mrs.                  
          Harrison’s lifetime devotion to petitioner’s business, the                  
          respect for her judgment accorded by her sons who actually ran              
          the business on a day to day basis, and her dedication in the               
          performance of her public relations function, even at an advanced           
          age, afforded benefits to petitioner (whether tangible or                   
          intangible) that were unlikely to have been afforded by an                  
          outside board chair.  We find that the value of those additional            
          benefits is adequately reflected by an 80-percent premium over              
          and above the median compensation paid to an outside board chair            
          during the audit years.  Therefore, we hold that petitioner may             
          deduct the following amounts (rounded to the nearest $1000) as              
          compensation for services performed by Mrs. Harrison during each            
          of the audit years:                                                         


                          TYE 6/30          Amount                                    
                          1995             $98,000                                    
                          1996             101,000                                    
                          1997             106,000                                    




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