Miller & Sons Drywall, Inc. - Page 15

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          expert can rely on data that is not admissible to form his                  
          opinion, such reliance does not elevate the evidence to be                  
          admissible for the truth of the matter asserted.  Fed. R. Evid.             
          703.                                                                        
               Petitioner contends that even though the ERI data considers            
          businesses similar to it, “exceptional business data is not                 
          available”.  Petitioner’s statement identifies the issues related           
          to the application of this data to the instant case.  The ERI and           
          RMA materials are compilations of data that we do not believe               
          rise to the level required by rule 201(b) of the Federal Rules of           
          Evidence.  For these reasons, we do not find these materials                
          subject to judicial notice.  However, since we analyzed the data            
          contained therein in the context of the experts’ reports and                
          testimony, whether these materials are admissible does not change           
          our analysis.                                                               
          V.   Compensation Paid for Prior Year’s Services                            
               Petitioner claims that a portion of the total compensation             
          paid to its shareholder-employees during the tax years in issue             
          was to remedy past undercompensation.  Under some circumstances,            
          a taxpayer may deduct compensation paid in one year for services            
          rendered in prior years.  Lucas v. Ox Fibre Brush Co., 281 U.S.             
          115, 119 (1930).  But to deduct amounts paid as compensation for            
          past undercompensation, a taxpayer must show:  (a) Its intention            
          that part of the current payments compensate employees for past             






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