Tricon Metals & Services, Inc. - Page 18

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             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 as                                      




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