Miller & Sons Drywall, Inc. - Page 11

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          Heitz v. Commissioner, T.C. Memo. 1998-220.  These factors                  
          include, but are not limited to:  (1) Employee qualifications;              
          (2) the nature, extent, and scope of the employee’s work; (3) the           
          size and complexity of the business; (4) prevailing general                 
          economic conditions; (5) the employee’s compensation as a                   
          percentage of gross and net income; (6) the employee-                       
          shareholders’ compensation compared with distributions to                   
          shareholders; (7) the employee-shareholders’ compensation                   
          compared with that paid to non-shareholder-employees or paid in             
          prior years; (8) prevailing rates of compensation for comparable            
          positions in comparable concerns; and (9) comparison of                     
          compensation paid to a particular shareholder-employee in                   
          previous years where the corporation has a limited number of                
          officers.                                                                   
               The Court of Appeals for the Eighth Circuit has not applied            
          the independent investor test, but in Wagner Constr., Inc. v.               
          Commissioner, T.C. Memo. 2001-160, which would have been                    
          appealable to the Court of Appeals for the Eighth Circuit, we               
          applied the independent investor test as a lens through which we            
          view each factor.  See also Haffner’s Serv. Stations, Inc. v.               
          Commissioner, T.C. Memo. 2002-38, affd. 326 F.3d 1 (1st Cir.                
          2003).  In general, this test questions whether an inactive,                
          independent investor would have been willing to pay the amount of           
          disputed compensation on the basis of the facts of each                     






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