- 20 - 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 rolePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011