Wechsler & Co., Inc. - Page 49

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              B.  Comparison With Other Companies                                     
              This factor compares the employee’s compensation with that              
         paid by similar companies for similar services.  Rapco, Inc. v.              
         Commissioner, supra at 954-955; Elliotts, Inc. v. Commissioner,              
         supra at 1246; see sec. 1.162-7(b)(3), Income Tax Regs.                      
              The record reflects that petitioner functioned as a broker-             
         dealer during all the years in issue, that it had substantial                
         investments in micro-cap stocks as well as other securities                  
         during those years, and that it sharply reduced its activities as            
         a broker-dealer in 1997 to concentrate on its own trading and                
         investments.  We find that the parties’ experts failed to show               
         that their surveys identified any securities investment and                  
         trading companies similar to petitioner whose chief executive                
         officers or principal managers rendered services similar to Mr.              
         Wechsler’s.  Indeed, petitioner’s second expert, Mr. Dorf,                   
         acknowledged that petitioner is very different from other broker-            
         dealers and that he could not find any broker-dealers reasonably             
         comparable to petitioner against whom petitioner could directly              
         be compared or measured.  Consequently, with respect to the                  
         reasonableness of the compensation paid by petitioner to Mr.                 
         Wechsler, this factor is neutral.  Labelgraphics, Inc. v.                    
         Commissioner, 221 F.3d 1091, 1098 (9th Cir. 2000), affg. T.C.                
         Memo. 1998-343.                                                              








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