- 8 - excessive compensation would noticeably decrease the rate of return. Elliotts, Inc. v. Commissioner, 716 F.2d at 1245. It would aid in the investor’s assessment of whether the total compensation package paid by the corporation to all of its employees is reasonable. If, like petitioner, however, the corporation has more than one employee, its rate of return on equity tells us nothing precise about the reasonableness of the distribution of compensation among those employees. Moreover, petitioner ignores the following caveat, in Elliotts, to the application of the independent investor test: A relevant inquiry is whether an inactive, independent investor would be willing to compensate the employee as he was compensated. The nature and quality of the services should be considered, as well as the effect of those services on the return the investor is seeing on his investment. * * * [Id.] By agreeing that a portion of Mrs. Harrison’s salary should be disallowed as unreasonable compensation, the Court of Appeals for the Ninth Circuit implicitly agrees with our finding that “an independent investor in petitioner would object to the size of Mrs. Harrison’s compensation”. E.J. Harrison & Sons, Inc. v. Commissioner, T.C. Memo. 2003-239. Considering the rulings and instructions of the Court of Appeals, we find that the amounts of reasonable compensation paid to Mrs. Harrison for the audit years are as follows:Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011