- 50 - compounded annual rate of return they calculate was enjoyed through the year ended July 31, 1996, on that investor’s initial $10,000 investment in the corporation. Mr. Gelfond computed this 43.82 percent compounded annual rate by using a present-value- future-value formula where: Present value equals $10,000 (the shareholder initial investment); future value equals $378,542 (the company’s stated “equity” or net book asset value at the end of the 1996 fiscal year before consideration of its deferred payment obligation to Mr. Myers and Mrs. Myers); and N (the number of years over which that investment is annually compounded) equals 10. Under the independent investor test, a company’s annual return on equity usually examines that company’s net income after taxes for that year. More importantly, the shareholders’ equity in the company, upon which an annual return is calculated, includes not just the shareholders’ initial invested capital but the company’s prior accumulated earnings. Dexsil Corp. v. Commissioner, 147 F.3d at 99; Labelgraphics, Inc. v. Commissioner, T.C. Memo. 1998-343; see also Exacto Spring Corp. v. Commissioner, supra at 837 (noting, among other things, that “What investors care about is the corporate income available to pay dividends or be reinvested”), revg. T.C. Memo. 1998-220; Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d 1315, 1326- 1327 (5th Cir. 1987) (noting that the prime indicator of thePage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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