Gustafson's Dairy, Inc. - Page 37

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          paid minimal dividends before the first year in issue.  The                 
          taxpayer's president and sole shareholder reduced his salary so             
          that the total amount he received from the taxpayer (dividends              
          plus salary) was virtually unchanged for 4 years.  Id. at 182.              
          Unlike Doug-Long, Inc., petitioner paid a reasonable amount of              
          dividends from 1983 to 1989, the salaries paid to petitioner's              
          officers steadily increased before the years in issue, and                  
          petitioner did not reduce dividends to keep payments to its                 
          shareholders level.                                                         
               Although petitioner could have paid larger dividends, it               
          reasonably chose to use those funds to expand its business.  Its            
          business did grow as shown by the substantial increase in its               
          annual sales from 1982 to 1989.  We think petitioner prudently              
          decided to pay reasonable dividends and salaries to its officer-            
          shareholders, and retained the rest of its earnings to expand the           
          business.  See John P. Scripps Newspapers v. Commissioner, supra            
          at 473 (taxpayer acted prudently in distributing a substantial              
          part of its earnings and retaining the remainder to use to expand           
          its operations).                                                            
               3.   Conclusion                                                        
               We conclude that petitioner was not formed or availed of to            
          avoid income tax on its shareholders.                                       









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