- 24 - 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.Page: 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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