- 38 - e. General Economic Conditions We analyze the general economic conditions related to the relevant business. General economic conditions may affect a business’s performance and indicate the extent (if any) of the employee’s effect on the company. Mayson Manufacturing Co. v. Commissioner, 178 F.2d 115, 119-120 (6th Cir. 1949), revg. and remanding a Memorandum Opinion of this Court dated Nov. 16, 1948. Adverse economic conditions, for example, tend to show that an employee’s skill was important to a company that grew during the bad years. The record does not indicate whether petitioner’s success during the subject years was attributable to the work of one or more employees or to the general economic conditions. The record indicates, however, that the economic conditions related to petitioner’s business were not adverse. As to both Emile and Louise, we are unable to answer the question affirmatively. f. Comparison of Salaries with Distributions to Shareholders and Retained Earnings We compare Emile’s and Louise’s compensation first to petitioner’s distributions and then to its retained earnings. The fact that petitioner has never paid a dividend is a factor that may suggest that some portion of the amounts paid as compensation to a shareholder/employee is really a dividend. Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d 1315, 1322-1323 (5th Cir. 1987), affg. T.C. Memo. 1985-267; see alsoPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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