- 29 - approximately 38 hours a week as its most valuable employee. Nor does the record support respondent’s second assertion that Beiner’s brother was a primary income-producing factor in petitioner’s business. When Beiner caused petitioner in 1992 to limit its business to Allen-Bradley parts, Beiner’s brother disaffiliated himself entirely from any continued participation in the business. Although respondent notes correctly in his third assertion that Beiner spent approximately one-third of his time during the subject years working for California Controls, respondent ignores in this regard that Beiner spent the other two-thirds of his time working for petitioner in a role that was most significant to its existence and profitability. We conclude that a hypothetical inactive independent investor would consider this factor favorably to require the payment of the disputed compensation to Beiner in order to retain his services during each of the subject years. 2. External Comparison This factor compares the employee’s salary with the salaries paid by similar companies for similar services. Elliotts, Inc. v. Commissioner, 716 F.2d at 1246. Wertlieb’s testimony is the only evidence in the record as to this factor. Wertlieb reviewed the financial statements of the 34 referenced companies and the compensation paid to their chief executive officers. Wertlieb opined that petitioner wasPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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