- 43 - that the amount of compensation is unreasonably high." Id. In situations in which a potentially exploitable relationship exists, such as the present case, the Court of Appeals indicated that the Court should make an inquiry from the perspective of an independent investor to determine whether the investor would be satisfied with the company's return on equity after the compensa- tion at issue was paid. Id. at 1247. Return on equity is calculated by dividing the net profit (after payment of compensation and taxes) by the shareholder's equity. Id. Respondent argues that we should use the beginning shareholder's equity to calculate return on equity. Petitioner argues that we should use the average of the beginning and yearend shareholder's equity to calculate that return. The Court of Appeals in the Elliotts, Inc. case calculated the return on equity using the yearend shareholder's equity. Following that approach, see Golsen v. Commissioner, 54 T.C. 742 (1970), affd. on another issue 445 F.2d 985 (10th Cir. 1971), if we were to divide petitioner's net profit after taxes (but before utiliza- tion of net operating loss carryforwards/carrybacks) by its yearend shareholder's equity, as reflected in its financial statements for each of the years indicated, petitioner would have the following percentage return on equity: Percentage Year Ended Return on Equity Feb. 28, 1987 31Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011