- 33 - 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 EndedPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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