- 38 - 50th 10th 25th percentil 75th 90th Average percentilpercentil e percentilpercentil e e (median) e e Hourly $26.47 $15.27 $20.04 $24.62 $28.88 $42.39 wage Annual 55,073 31,771 41,670 51,196 60,070 88,171 salary For each year in issue, Rocky and Dean were each compensated above the 90th percentile annual salary amount. Mr. Herber used the 90th percentile as the starting point to determine the amount of reasonable compensation for their services. Mr. Herber determined that four additional factors should be taken into consideration when determining whether the shareholder-employees were overcompensated. The first factor considers whether a shareholder-employee’s expertise enhanced the corporation’s profitability. Mr. Herber determined, and we agree, that Rocky’s and Dean’s prowess contributed to petitioner’s profitability. The second factor considers a shareholder-employee’s experience. We have already concluded that both Dean and Rocky had significant and valuable experience. The third factor considers the number of hours the shareholder- employee dedicated to the taxpayer’s business. We have also found that Rocky and Dean have both dedicated between 55 and 60 hours per week to petitioner’s business. This factor is particularly significant because it appears that the average hourly rate of $26.47 was simply calculated by dividing the average annual wage of $55,073 by 52 weeks and then by 40 hoursPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011