This comment will discuss the federal income tax issue of unreasonable compensation as it affects the incorporated professional. Discussion will first center on the modus operandi of the professional corporation, and how the compensation issue arises. Unreasonable compensation will then be defined and explained in that context. Next, the actual considerations used in determining whether compensation is excessive or not will be discussed. Then, the additional requirement that the remuneration be compensation in fact, and not a return on investment, will be investigated. The applicability of the 50% maximum tax on personal service income will also be analyzed. Finally, some conclusions will be drawn about the impact of these issues on the future of the incorporated professional.
Falcone, Vincent J.
"Unreasonable Compensation in the Professional Corporation,"
Akron Law Review: Vol. 13
, Article 6.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol13/iss3/6