- 29 - Petitioner, nevertheless, asserts that an independent investor would still be satisfied with the corporation's 36.05 percent cumulative average annual return on equity through the 1990 fiscal year. We disagree. In our opinion, the cumulative average annual return on equity petitioner experienced over the period from July 1, 1980 through June 30, 1990, would not be as significant to an independent investor as the corporation's return on equity for the current 1990 fiscal year in issue. Indeed, the record reflects that petitioner's directors' usual practice had been to tie Mr. Martin's annual bonus to the corporation's financial performance during the recent fiscal year. Also, the higher 36.05 percent cumulative average annual return is somewhat skewed by the much higher annual returns on equity petitioner enjoyed during its earlier years of operation, when its equity was much lower. E. Internal Consistency The fifth factor focuses on whether the compensation was paid pursuant to a structured, formal, and consistently applied program. Bonuses not paid pursuant to such plans are suspect. Similarly, bonuses paid to controlling shareholders are also suspect "if, when compared to salaries paid non-owner management, they indicate that the level of compensation is a function of ownership, not corporate management responsibility." Elliotts,Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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