Lumber City Corporation, f.k.a. Neiman-Reed Lumber and Supply Company, Inc. - Page 43

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          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               31                                              




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