- 35 - used a hypothetical investment in capital for purposes of computing a fair return on the capital. Use of the hypothetical investment in capital resulted in a smaller fair return for most years. The smaller fair return resulted in a larger excess, which Mr. Reilly accumulated and used as the amount of undercompensation. Mr. Reilly used the more realistic stockholders equity shown on petitioner's Forms 1120, however, to compute compensation using the Watson Wyatt formula. We reject this inconsistency. As an additional analysis, Mr. Reilly calculated the average compound annual returns to petitioner's stockholders. He used $315,766 (approximately twice the price petitioner paid for Clifford's 1,000 shares of stock) as the value of the stockholders' initial investment on October 31, 1986, and three different measures of petitioner's stockholders equity. Using his fair return of invested capital analysis and the estimated value of $1,834,375 as of October 31, 1996, Mr. Reilly calculated that the average annual after-tax return over the 10-year period from 1986 to 1996 was 19.24 percent. Using the $3,133,877 book value of stockholders equity as of October 31, 1996, Mr. Reilly calculated that the average annual after-tax return over the 10- year period was 25.80 percent. Finally, using the $1,150,000 purchase price Dennis paid to Curtis for his 25 percent of petitioner's stock in November 1997 to determine an estimatedPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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