-37- 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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