-24- at 182-183; Perlmutter v. Commissioner, 373 F.2d 45, 48 (10th Cir. 1967), affg. 44 T.C. 382 (1965). Petitioner contends that it had no need to retain earnings and that it was reasonable for it not to do so. We are not convinced that petitioner had no need to retain earnings to help it survive if Eberl retired or became disabled or if there was less work for independent catastrophe claims adjusters. See Pulsar Components Intl., Inc. v. Commissioner, T.C. Memo. 1996- 129 (Court found that corporation paid reasonable compensation to two of its officer/shareholders because an independent investor would have been satisfied with corporation's payment of $65,000 of dividends and additional retention of earnings as cushion for possible less profitable periods). The prime indicator of the return a corporation is earning for its investors is its return on equity. Owensby & Kritikos, Inc. v. Commissioner, supra at 1324. Petitioner contends that petitioner's return on equity should be based on Eberl's $500 investment, that petitioner had a return on equity for fiscal year 1992 of 3,350 percent and 1,363 percent for fiscal year 1993, and that this return on equity would satisfy an independent investor. Petitioner also contends that it did not need to pay dividends because a hypothetical shareholder would be satisfied with the appreciation in value of his or her stock due to petitioner's retention of earnings and the growth in petitioner's annual sales.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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