- 21 - of their stock caused, for example, by the retention of earnings. Owensby & Kritikos, Inc. v. Commissioner, supra; Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. at 1162. Petitioner paid $48,000 in dividends in fiscal years 1990 and 1991 and $24,000 in dividends in fiscal year 1992. Whether to pay a dividend, and the amount thereof, were business decisions made by petitioner's board of directors. As explained in the August 31, 1986, minutes of petitioner's board of directors meeting, the decision whether to pay dividends was based on petitioner's need to: (1) Make up past undercompensation of its officers, (2) assure current growth, (3) assure future growth, (4) allow for expansion into a new 150,000- square foot distribution center, and (5) prepare for anticipated overseas expansion. We decline to second-guess the board of director's business judgment under the facts of this case; we view its decisions concerning the payment of dividends and the amounts thereof as reasonable business decisions. In reviewing the reasonableness of an employee's compensation, courts often look at whether a hypothetical shareholder would have received a fair return on his investment after the payment of the compensation in question. Owensby & Kritikos, Inc. v. Commissioner, supra at 1326-1327. A hypothetical investor in petitioner would have realized the following returns on equity for the years in issue: 81.77Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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