- 49 - 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.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
Last modified: May 25, 2011