The Escrow Connection, Inc., A.K.A. The Escrow Connection - Page 20

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          C.  Character and Condition of the Company                                  
               The third category of factors provided by Elliotts, Inc. v.            
          Commissioner, 716 F.2d 1241 (9th Cir. 1983), concerns the                   
          character and condition of the company.  Important                          
          considerations are the size of the company, as indicated by                 
          gross sales, net income, or capital value, general economic                 
          conditions, and the complexities of the business.   Elliotts,               
          Inc. v. Commissioner, supra at 1246.  The success of the                    
          business provides a basis for increases in compensation.  Summit            
          Publishing Co. v. Commissioner, T.C. Memo. 1990-288.                        
               Petitioner's gross receipts grew from $318,963 in 1984, its            
          first year in operation, to over $1.46 million in 1989 and 1990.            
          Petitioner's shareholder equity increased from an initial                   
          investment of $20,000 to $341,708 in taxable year 1989.  The                
          growth in gross receipts and shareholder equity provides clear              
          evidence that Kleindienst was dynamic and effective.  However,              
          we find it somewhat telling that petitioner's net income after              
          taxes remained low.  For the years in issue, net income after               
          taxes was $72,000 and $0, respectively, while it was $40,169                
          after 1 year in business and reached a peak of $93,546 in                   
          taxable year ended July 31, 1988.                                           
               In addition, Kleindienst is not the sole reason for                    
          petitioner's substantial increase in gross receipts.  Favorable             
          economic conditions during the years in issue also played a role            





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