- 26 - of dividends and the amounts thereof as reasonable business decisions.7 Petitioner paid $65,000 in dividends in the year at issue. Its shareholder’s equity grew from $63,903 on July 31, 1983, to $960,582 on July 31, 1985. Its retained earnings grew from $62,902 on July 31, 1983, to $959,582 on July 31, 1985. See Comtec Sys., Inc. v. Commissioner, T.C. Memo. 1995-4. In addition to the fact that the increase in petitioner's retained earnings most likely increased the value of its stock, we believe that a hypothetical investor would have considered $959,582 in retained earnings to have been a worthy performance for the 3-year period. Moreover, the Officers received dividends from petitioner's earnings. The dividends per share increased from $95 per share on July 31, 1984, to $617.50 per share on July 31, 1985. On this record, it is clear that an investment in petitioner's stock was very attractive and that the Officers received an adequate share of petitioner's profits through dividends. This factor favors petitioner. h. Prevailing Rates of Compensation for Comparable Positions in Comparable Companies Both petitioner and respondent rely on expert testimony with respect to this factor. Expert testimony is appropriate to help 7 Bearing in mind that respondent has not determined that petitioner is liable for the accumulated earnings tax of sec. 531, it is possible that she would agree that the large increase in petitioner's retained earnings was necessary for the reasonable needs of petitioner's business.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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