- 44 - Feb. 29, 1988 81 Feb. 28, 1989 35 Feb. 28, 1990 22 Feb. 28, 1991 16 Unlike the situation presented in Elliotts, Inc. v. Commis- sioner, 716 F.2d 1241 (1983), we find on the instant record that petitioner's return on equity for the relevant years, regardless how it is calculated, is not a reliable indicator of the reason- ableness of Mr. Ruf's compensation for the years at issue. The shareholder-employee in the Elliotts, Inc. case had been the sole shareholder of the taxpayer-corporation for 21 years prior to the years at issue therein. Elliotts, Inc. v. Commissioner, supra at 1242. In contrast, assuming arguendo that Mr. Ruf were an independent investor, petitioner's shareholder's equity does not appear to reflect accurately his investment in petitioner during the relevant years. Although the final purchase price that Mr. Ruf negotiated for petitioner's stock in November 1988 was $2,045,520, its yearend shareholder's equity as reflected in its financial statement for its fiscal year ended February 28, 1989, was only $1,129,000. We believe that an independent investor would be concerned with the return on his or her investment of $2,045,520, not the return on the shareholder's equity that reflected some prior shareholder's investment. In addition, petitioner's shareholder's equity was subject to large fluctu- ations during the relevant period due to Stanislaus' purchase of petitioner and its subsequent merger into it. In sum, on thePage: 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