- 21 - Pepsi-Cola Bottling Co. of Salina, Inc., supra, and apply the multifactor approach. See Golsen v. Commissioner, 54 T.C. 742, 757 (1970), affd. 445 F.2d 985 (10th Cir. 1971). Petitioner argues, among other things, that its compensation payments to Mr. Myers and Mrs. Myers for the 1996 fiscal year were reasonable because their efforts enabled it to enjoy outstanding financial performance from January 1, 1987, through July 31, 1996. Petitioner claims, in light of its alleged outstanding financial performance, that an independent investor would have approved the compensation paid to Mr. Myers and Mrs. Myers. Not surprisingly, respondent disputes petitioner’s claims. In applying the multifactor approach of the Court of Appeals for the Tenth Circuit, whether petitioner’s owners enjoyed a high rate of return on their equity investment is a relevant factor. The return on equity analysis (which, as discussed infra pp. 48-50, is central to the independent investor test) can be especially useful in evaluating the taxpayer’s financial performance, an additional factor this Court addressed in Eberl’s Claim Serv., Inc., supra.13 13In Eberl’s Claim Serv., Inc. v. Commissioner, 249 F.3d 994, 999 (10th Cir. 2001), affg. T.C. Memo. 1999-211, the Court of Appeals noted that under the traditional multifactor approach in Pepsi-Cola Bottling Co. of Salina, Inc. v. Commissioner, 528 F.2d 176 (10th Cir. 1975), affg. 61 T.C. 564 (1974), the situation must be considered as a whole, with no one factor being decisive. It further noted that while the factors to be considered have been stated innumerable times in past cases, those factors have never been reduced to a definitive list. Id. (continued...)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011