- 37 - during those years almost fourfold to approximately 6 to 10 hours per week. We decline respondent’s invitation to decide petitioner’s intent in making the disputed payments to Beiner. This case is not one of those “rare [cases] where there is evidence that an otherwise reasonable compensation payment contains a disguised dividend * * * [so that our] inquiry may expand into compensatory intent apart from reasonableness”. Elliotts, Inc. v. Commissioner, 716 F.2d at 1244-1245; cf. O.S.C. & Associates, Inc. v. Commissioner, 187 F.3d 1116 (9th Cir. 1999). Contrary to respondent’s assertion, petitioner did not ascertain Beiner’s compensation simply by ascertaining the earnings that it needed to retain in its operation and the earnings that it had to expend to avoid the accumulated earnings tax of section 531. Petitioner set Beiner’s salary at $50,000 per month at or before the beginning of the subject years, and it ascertained Beiner’s bonus for each of those years by taking into account petitioner’s sales and profit for that year, Beiner’s work during that year, and the amount of petitioner’s profits that petitioner needed to retain for its future operation. Indeed, after the bonuses were paid for the subject years, petitioner even retained a meaningful amount of its earnings upon which it paid significant Federal income taxes.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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