- 18 -18 corporation does not pay dividends. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d 1315, 1326-1327 (5th Cir. 1987), affg. T.C. Memo. 1985-267. This is especially true in this case where petitioner's financing arrangements prohibited the payment of dividends. Furthermore, from 1979 through August 1, 1990, Wood owned a large block of petitioner's stock and also owned and operated a competitor. This may have had some impact on petitioner's dividend policy. Courts also evaluate the compensation payments from the perspective of a hypothetical independent investor. The prime indicator is the return on investors' equity. Id. at 1326-1327. If the company's earnings on equity after payment of the compensation remain at a level that would satisfy an independent investor, there is a strong indication that management is providing compensable services and that profits are not being siphoned out of the company disguised as salary. Elliotts, Inc. v. Commissioner, supra at 1247. Respondent's expert calculated returns on equity of 27.2 percent, 20 percent, and 21.2 percent for the fiscal years ending 1990, 1991, and 1992, respectively. We conclude that an independent investor would have been satisfied with petitioner's earnings on equity during the years in issue. Courts also consider when bonuses were paid. Payment of bonuses at the end of the fiscal year when a corporation knows its revenue for the year may enable it to disguise dividends asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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