B & D Foundations, Inc. - Page 50




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          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 the                






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