- 40 - H. Petitioner’s Salary Policy as to All Employees Courts have considered the salary policy of the taxpayers as to all employees (sometimes referred to as internal consistency) in determining whether its shareholder-employees received reasonable compensation. See Charles Schneider & Co. v. Commissioner, 500 F.2d at 152; Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. at 1159. This factor is probative because it questions whether the shareholder-employees, because of their status as such, were compensated differently from petitioner’s other employees. See Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1329. For example, a reasonable, longstanding, and consistently applied compensation plan is evidence of reasonable compensation. See Elliotts, Inc. v. Commissioner, 716 F.2d at 1247. In this case, petitioner paid bonuses to its non- shareholder-employees and shareholder-employees. The bonuses that the nonshareholders received were not paid annually, appeared never to exceed their respective annual compensation, were relatively insignificant in amount, and were not part of a longstanding, consistently applied compensation plan. Conversely, the bonuses paid by petitioner to its shareholder-employees were paid annually (except that Darle did not receive a bonus in 1997, 1998, or 1999), and they often exceeded each shareholder-employee’s base annual salary. MorePage: 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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