- 31 - related to petitioner’s realization of those excess gross profits, we agree with Wertlieb that petitioner is entitled to pay those profits to Beiner as compensation for his work. See Elliotts, Inc. v. Commissioner, supra at 1248. We conclude that a hypothetical inactive independent investor would consider this factor favorably to require the payment of up to $906,740 and $1,533,093 in compensation to Beiner in the respective years in order to retain his services during each of those years. 3. Character and Condition of the Company This factor concerns petitioner’s character and condition. The focus of this factor may be on petitioner’s size as indicated by its sales, net income, or capital value. The complexities of petitioner’s business and the general economic conditions are also relevant. Id. at 1246. Petitioner was established in 1991 with a $7,000 capital contribution. In each year after its first short taxable year, petitioner was an extremely well-managed, profitable company in that it experienced extraordinary growth in sales and shareholder equity. During the respective subject years, its sales totaled $3,473,802 and $3,485,568, and its gross profit totaled $1,713,718 and $2,420,592. At the end of the respective years, its shareholder equity totaled $372,513 and $754,837. During the subject years, its customers were located throughout the UnitedPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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