-23- 7. Comparison of Salary to Distributions to Shareholders and Retained Earnings If salaries paid to controlling shareholders are large compared to salaries paid to nonowner managers who have similar responsibilities, the salaries suggest that the amount of compensation is a function of ownership. Elliotts, Inc. v. Commissioner, 716 F.2d at 1247. The failure to pay more than a minimal amount of dividends may suggest that some of the amounts paid as compensation to the shareholder-employee is a dividend. Edwin's, Inc. v. United States, 501 F.2d 675, 677 n.5 (7th Cir. 1974); Charles Schneider & Co. v. Commissioner, 500 F.2d 148, 152-153 (8th Cir. 1974), affg. T.C. Memo. 1973-130; Owensby & Kritikos, Inc. v. Commissioner, supra at 1322-1323. However, corporations are not required to pay dividends; shareholders may be equally content with the appreciation of their stock if the company retains earnings. Owensby & Kritikos, Inc. v. Commissioner, supra at 1326-1327; Elliotts, Inc. v. Commissioner, supra; Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. at 1161. Petitioner has never paid dividends. Nonpayment of dividends in conjunction with paying contingent compensation to controlling shareholders, such as Eberl, suggests that unreasonable and excessive compensation is being paid. Pepsi-Cola Bottling Co. of Salina, Inc. v. Commissioner, 528 F.2dPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011