Wagner Construction, Inc. - Page 32




                                       - 32 -                                         
          the fair after-tax return from year to year, representing the               
          increase in theoretical retained earnings from October 31, 1985             
          through 1996, if a fair return was earned in each year through              
          1996 but no dividends were paid.                                            
               Mr. Reilly then added the actual executive compensation paid           
          to income before taxes in order to calculate the amount available           
          to pay a fair return on invested capital and compensation to                
          officers.  Mr. Reilly used the income and executive compensation            
          reported on petitioner's Forms 1120.  He then subtracted from               
          this subtotal a fair return on the stockholders' invested                   
          capital.  Under Mr. Reilly's analysis, the remainder (residual)             
          represents the amount available to pay the company's officers as            
          compensation for the results of their managerial efforts.  Mr.              
          Reilly then calculated the difference between the amount                    
          available to pay petitioner's officers and the actual officers'             
          compensation, which, in his opinion, represented the                        
          undercompensation or overcompensation in each year.                         
               Mr. Reilly calculated the amount of undercompensation or               
          overcompensation for the taxable years ending October 31, 1987              
          through 1996, as follows:                                                   













Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011