- 32 - disguising the distribution of dividends as compensation.” Wagner Constr., Inc. v. Commissioner, T.C. Memo. 2001-160 (citing Owensby & Kritkos, Inc. v. Commissioner, 819 F.2d at 1325-1326). Respondent provided a chart that expressed the shareholder- employees’ compensation as a percentage of gross receipts and net pretax income for tax years ended June 30, 1990 through 2000. With respect to the years in issue, respondent determined that the shareholder-employees’ compensation was as follows: Net income Compensation before taxes paid to and TYE petitioner’s Gross shareholder June 30 shareholders receipts Percent compensationPercent 1998 $600,000 $1,857,221 32% $673,651 89% 1999 592,727 1,688,437 35 548,980 108 2000 940,000 2,905,034 32 1,277,316 74 Petitioner argues that this factor should not be afforded much weight because Darle, Rocky, and Dean each wore “three hats”-- directors, officers, and key employees–-which required them to perform duties above and beyond their respective titles. While we disagree with both parties’ analyses, we find this factor favors respondent. The shareholder-employees’ compensation expressed as a percent of gross income was fairly consistent in the years in issue and was a significant portion of the net income. In some cases, the percentages may be less indicative because the qualifications of the shareholder- employees and the nature, extent, and scope of their work supportPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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