Miller & Sons Drywall, Inc. - Page 38

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                                                  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 hours             





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Last modified: May 25, 2011