Brewer Quality Homes, Inc. - Page 20

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          95 T.C. 525, 553 (1990), affd. 965 F.2d 1038 (11th Cir. 1992);              
          Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1155            
          (1980).                                                                     
               In addition to multifactor tests (see Owensby & Kritikos,              
          Inc. v. Commissioner, 819 F.2d at 1323), courts have also used              
          independent investor tests to determine whether payments to an              
          employee-shareholder exceeded reasonable compensation.  See,                
          e.g., Dexsil Corp. v. Commissioner, 147 F.3d 96, 100-101 (2d Cir.           
          1998), vacating and remanding T.C. Memo. 1995-135, on remand T.C.           
          Memo. 1999-155.  Generally, courts have described independent               
          investor tests as a lens through which the entire analysis should           
          be viewed.  Dexsil Corp. v. Commissioner, id. at 101.  In Owensby           
          & Kritikos, Inc. v. Commissioner, 819 F.2d at 1327, the Court of            
          Appeals for the Fifth Circuit stated:  “The so-called independent           
          investor test is simply one of the factors a court should                   
          consider, and in certain cases it may be a substantial factor.”             
          In discussing the significance of a corporation’s dividend                  
          practices, that Court also stated:  “The prime indicator of the             
          return a corporation is earning for its investors is its return             
          on equity.”  Id. at 1326-1327.                                              
               Discerning the intent behind the payments also presents a              
          factual question to be resolved within the bounds of the                    
          individual case.  Nor-Cal Adjusters v. Commissioner, 503 F.2d               








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