- 26 - services which were directly responsible for petitioner’s profitability. E. Internal Consistency in Compensation This factor focuses on whether the compensation was paid pursuant to a structured, formal, and consistently applied program. Elliotts, Inc. v. Commissioner, supra at 1247. Bonuses not paid pursuant to such plans are suspect. Salaries paid to controlling shareholders are also suspect if, when compared to salaries paid to nonowner management, they indicate that the amount of compensation is a function of ownership, not corporate management responsibility. Id. Bonuses paid to employees are deductible “when * * * made in good faith and as additional compensation for services actually rendered by the employees, provided such payments, when added to the stipulated salaries, do not exceed a reasonable compensation for the services rendered.” Sec. 1.162-9, Income Tax Regs. No internal discrepancy exists when a company pays and deducts compensation for services performed in prior years. Elliotts, Inc. v. Commissioner, supra at 1248. Financial stability was the crucial element in petitioner’s growth strategy. To foster petitioner’s growth, from 1979 through 1992 petitioner either underpaid Mr. Reeves, petitioner’s sole executive officer and manager, or did not pay him at all. Petitioner retained Mr. Reeves’s compensation and used it toPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: November 10, 2007