- 23 - v. Commissioner, supra at 1247. The Court of Appeals for the Ninth Circuit, in Elliotts, Inc., calculated the return on equity using the yearend shareholder's equity. We follow that approach. See Golsen v. Commissioner, 54 T.C. 742 (1970), affd. on another issue 445 F.2d 985 (10th Cir. 1971). Dividing petitioner's net profit (after payment of compensation and a provision for income taxes) by the yearend shareholders' equity, as reflected in its financial statements, yields the following: FYE Percentage Return June 30 on Equity 1985 94 1986 20 1987 40 1988 30 1989 42 1990 1 1991 (13) 1992 2 Under the circumstances of this case, we find that the return on equity for the years at issue (1990-92) is not a reliable indicator of the reasonableness of Ginger's compensation. See Elliotts, Inc. v. Commissioner, supra at 1247 n.5. We doubt that the 1-percent return on equity for the year ended June 30, 1990, would satisfy an independent investor; however, there is probative evidence that Ginger had forgone compensation in prior years in an attempt to enlarge petitioner'sPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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