Eberl's Claim Service, Inc. - Page 23




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               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.2d           







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