Universal Marketing, Inc. - Page 8




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          II. The Elliott Factors Applied to Petitioner’s Compensation of             
               Mr. Reeves                                                             
          A. Role in the Company                                                      
               This factor focuses on the employee’s importance to the                
          success of the business.  Pertinent considerations include the              
          employee’s position, hours worked, and duties performed.                    
          Elliotts, Inc. v. Commissioner, supra at 1245.                              
               Mr. Reeves served as petitioner’s president, secretary, and            
          treasurer and handled all petitioner’s managerial duties.                   
          However, the record does not establish the specific amount of               
          time Mr. Reeves spent operating petitioner after it was                     
          incorporated.  Instead, the record indicates that Mr. Reeves                
          spent a considerable amount of his time operating petitioner’s              
          sister corporation, VVI.                                                    
               B. External Comparison                                                 
               This factor compares the employee’s compensation with that             
          paid by similar companies for similar services.  Elliotts, Inc.             
          v. Commissioner, supra at 1246; see sec. 1.162-7(b)(3), Income              
          Tax Regs.                                                                   
               Petitioner failed to provide any data comparing the                    
          compensation paid to Mr. Reeves with that paid by similar                   
          companies providing similar services.  Only respondent offered              
          expert testimony.  However, respondent’s expert, Scott D. Hakala,           
          provided a reasonable compensation analysis focusing only on                








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