-25- Petitioner cites no case in which the court gave significant weight to a high return on equity based on a founding shareholder's small initial investment. Courts have relied on other financial factors when a shareholder's capital contribution is small. See, e.g., Alpha Medical, Inc. v. Commissioner, 172 F.3d 942 (6th Cir. 1999), revg. T.C. Memo. 1997-464 (Court derived return on equity by comparing retained earnings for the year at issue plus the shareholder's $1,000 capital investment to retained earnings for the prior year plus the shareholder's capital investment); Labelgraphics, Inc. v. Commissioner, supra (annual return on equity may be skewed in years in which the taxpayer's equity is low); H&A Intl. Jewelry, Ltd. v. Commissioner, T.C. Memo. 1997-467. We give petitioner's method for calculating return on equity3 for fiscal year 1993 based on Eberl's $500 investment little weight in view of petitioner's small amount of accumulated retained earnings, taxable income, profits, and lack of dividends. Finally, petitioner did not retain earnings in fiscal years 1988 to 1990 and had negative cumulative retained earnings in fiscal years 1988 to 1992; there is no evidence that the value of petitioner's stock appreciated during the years in issue; and petitioner offered no reason for its failure to pay dividends. See Owensby & Kritikos, Inc. v. 3 The parties disagree as to whether we compute return on equity using current or accumulated retained earnings. Resolution of this dispute does not affect the outcome of this case.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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