Eberl's Claim Service, Inc. - Page 24




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          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.                                    




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