John L. Ginger Masonry, Inc. - Page 23

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          v. Commissioner, supra at 1247.  The Court of Appeals for the               
          Ninth Circuit, in Elliotts, Inc., calculated the return on equity           
          using the yearend shareholder's equity.  We follow that approach.           
          See Golsen v. Commissioner, 54 T.C. 742 (1970), affd. on another            
          issue 445 F.2d 985 (10th Cir. 1971).  Dividing petitioner's net             
          profit (after payment of compensation and a provision for income            
          taxes) by the yearend shareholders' equity, as reflected in its             
          financial statements, yields the following:                                 
                         FYE            Percentage Return                             
                         June 30          on Equity                                   
                         1985                94                                       
                         1986                20                                       
                         1987                40                                       
                         1988                30                                       
                         1989                42                                       
                         1990                     1                                   
                         1991                (13)                                     
                         1992                2                                        

               Under the circumstances of this case, we find that the                 
          return on equity for the years at issue (1990-92) is not a                  
          reliable indicator of the reasonableness of Ginger's                        
          compensation.  See Elliotts, Inc. v. Commissioner, supra at 1247            
          n.5.  We doubt that the 1-percent return on equity for the year             
          ended June 30, 1990, would satisfy an independent investor;                 
          however, there is probative evidence that Ginger had forgone                
          compensation in prior years in an attempt to enlarge petitioner's           








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