- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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