Miller & Sons Drywall, Inc. - Page 12

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          particular case.  See Elliotts, Inc. v. Commissioner, supra at              
          1246; Haffner’s Serv. Stations, Inc. v. Commissioner, supra.                
          This test allows us to decide whether the amount of compensation            
          paid to petitioner’s shareholder-employees would have been the              
          same had they engaged in an arm’s-length negotiation.  See also             
          Heil Beauty Supplies, Inc. v. Commissioner, supra at 194.  One              
          important inquiry in applying this test is whether the                      
          corporation’s shareholders received a fair return on their                  
          investments.  See Rapco, Inc. v. Commissioner, supra at 955.                
               In performing our analysis, we generally review each                   
          shareholder-employee’s compensation separately because whether              
          his salary was reasonable depends on the services he performed.             
          See RTS Inv. Corp. v. Commissioner, supra.  In this case, we                
          shall review Dean’s and Rocky’s salaries concurrently because               
          they performed similar services for petitioner.                             
          II.  Burden of Proof                                                        
               Under Rule 142(a), petitioner has the burden of proving that           
          the compensation paid to its shareholder-employees was reasonable           
          for deduction purposes.  See Welch v. Helvering, 290 U.S. 111,              
          115 (1933).  Section 7491(a) provides a taxpayer with the                   
          opportunity to shift the burden of proof to the Commissioner                
          under specific circumstances.  To shift the burden of proof, a              
          taxpayer must have complied with all the requirements in section            
          7491(a).  See Higbee v. Commissioner, 116 T.C. 438 (2001); E.J.             






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