John L. Ginger Masonry, Inc. - Page 24

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          capital base in order to satisfy the demands of the large                   
          developers.  Increasing petitioner's capital base in the early              
          years was central to petitioner's ability to penetrate the                  
          residential masonry market.  Indeed, the percentage return-on-              
          equity figures for the years 1985 through 1989 indicate that                
          petitioner could have paid additional officer compensation and              
          maintained a satisfactory return on equity.  Under these                    
          circumstances, isolating the return-on-equity figure for the                
          fiscal year ended June 30, 1990, would ignore petitioner's                  
          successful corporate strategy and the steps taken to implement              
          that strategy.                                                              
               The percentage return-on-equity figures for the years 1991             
          and 1992 must be viewed in light of the precipitous drop in the             
          residential housing market in late 1990.  Given the severity of             
          that economic decline, the return-on-equity figures are not a               
          good indicator of petitioner's performance or the reasonableness            
          of compensation that petitioner paid Ginger.                                
          5. Internal Consistency                                                     
               Internal inconsistency in petitioner's treatment of payments           
          to employees may indicate that the payments to Ginger were not              
          reasonable.  Elliotts, Inc. v. Commissioner, 715 F.2d at 1247.              
          Bonuses that have not been awarded under a formal and                       
          consistently applied program are suspect.  Nor-Cal Adjusters v.             
          Commissioner, 503 F.2d 359, 362 (9th Cir. 1974), affg. T.C. Memo.           






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