The Escrow Connection, Inc., A.K.A. The Escrow Connection - Page 24

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          percent and no return, respectively.  Although a rate of return             
          on equity of 21 percent could satisfy an independent investor,              
          no return would not.  In addition, Jones stated that, as an                 
          investor, he would be satisfied with a 10-percent profit margin,            
          measured as a ratio of net income before taxes over gross                   
          receipts.  During the years in issue, petitioner's profit margin            
          was 6.8 percent and .7 percent, respectively.  We find                      
          respondent's contention of an inadequate return to be probative             
          here.                                                                       
               Respondent points out that petitioner paid Kleindienst                 
          nearly all of its net income before deducting officer                       
          compensation and taxes.  Respondent asks us to focus on the time            
          of year that petitioner declared and paid Kleindienst's bonuses.            
          Payment of bonuses at the end of the year when the corporation              
          knows its revenue for the year may enable it to disguise                    
          dividends as compensation.  Owensby & Kritikos, Inc. v.                     
          Commissioner, supra at 1329; Estate of Wallace v. Commissioner,             
          95 T.C. at 556.  Here, however, petitioner paid Kleindienst the             
          bonuses throughout the year and only declared the amount at the             
          end of the year.  Thus, the timing of the bonuses does not                  
          indicate unreasonableness.  On the other hand, the fact that                
          petitioner paid nearly all of its pretax earnings as                        
          compensation to Kleindienst is detrimental to petitioner here.              
          Estate of Wallace v. Commissioner, supra at 556.                            





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