Beiner, Inc. - Page 37

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          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.                                                               








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