- 5 - Discussion Since the Court of Appeals affirmed our determination that a portion of Mrs. Harrison’s salary should be disallowed as unreasonable and instructed us that it was not unreasonable for petitioner to have paid her at least as much as it paid her sons during the audit years, we would not be amiss to find that she was reasonably compensated at some level between her actual compensation and the compensation paid her sons. In its original brief, petitioner states its position as follows: “It is E.J. Harrison & Sons [sic] position that the services rendered by Myra Harrison, including her guaranty of company notes, merited the compensation she received and was reasonable under the independent investor analysis set forth in Elliotts, Inc. v. Commissioner of Internal Revenue, * * * [supra].” In Elliotts, Inc. v. Commissioner, supra at 1245, the United States Court of Appeals for the Ninth Circuit identified the factors that identify what is “reasonable compensation” under section 162(a)(1). Among those factors is a comparison of the employee’s salary with those paid by similar companies for similar services: viz, an “External Comparison”. Id. at 1246. On brief, under the heading “External Comparison”, petitioner states: “The unique nature of the services provided by Myra Harrison makes an external comparison extremely difficult. * * * As the public face of a company dependent on public contracts,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011