Miller & Sons Drywall, Inc. - Page 33

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          petitioner’s paying them high compensation.  See, e.g., Mad Auto            
          Wrecking, Inc. v. Commissioner, T.C. Memo. 1995-153 (deciding               
          this factor to be neutral where the officers’ qualifications and            
          the nature, extent, and scope of their work supported high                  
          compensation, but where their compensation represented a                    
          significant percent of gross income and book net income (before             
          deducting the officers’ compensation) and even exceeded the                 
          amount of net income in a tax year).  However, in this case we              
          think the percentages favor respondent because petitioner’s                 
          shareholder-employees’ compensation was a substantial portion of            
          its net income and even exceeded its net income in the tax year             
          ended June 30, 1999.                                                        
               G.  External Comparison                                                
               This factor compares the shareholder-employees’ salaries to            
          the salaries that similar companies pay for similar employee                
          services.  See Elliotts, Inc. v. Commissioner, 716 F.2d at 1246.            
          In this case, salary surveys were used by both parties’ experts.            
                    1.  Darle--Petitioner’s CEO                                       
               With respect to Darle’s compensation, Dr. Sliwoski relied on           
          ERI’s compensation tables for the comparison.  He testified that            
          the proper standard industry code (SIC) for petitioner’s drywall            
          construction business was SIC 1742, “Plastering, Drywall, and               
          Insulation”.  His report included a table which was titled “Table           
          3:  SIC 1742: Chief Executive Officer Compensation: Years Ended             






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