Beiner, Inc. - Page 23

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          and had to expend to avoid the accumulated earnings tax of                  
          section 531.  Respondent asserts that Beiner performed minimal,             
          nonspecialized services for petitioner during each subject year             
          and that those services did not entitle petitioner to deduct the            
          disputed payments as compensation.  Petitioner argues in its                
          brief that the disallowed compensation was reasonably paid to               
          Beiner for his services.  Petitioner asserts that Beiner was                
          skilled in and deeply involved with petitioner’s business and               
          that his services resulted in petitioner’s realizing a superior             
          return on equity in each subject year.  Petitioner asserts that             
          these rates of return would have caused a hypothetical inactive             
          independent investor to pay Beiner the same amount of                       
          compensation that petitioner paid him during those years.                   
               In support of their arguments, both parties rely upon the              
          opinion of the Court of Appeals for the Ninth Circuit in                    
          Elliotts, Inc. v. Commissioner, supra at 1245-1248.  Because this           
          case is most likely appealable to that court, see sec.                      
          7482(b)(1)(B), we do the same, see Golsen v. Commissioner,                  
          54 T.C. 742, 757 (1970), affd. 445 F.2d 985 (10th Cir. 1971).               
          Pursuant to that opinion, we generally determine the                        
          deductibility of the compensation paid to Beiner by focusing on             
          its reasonableness, and we decide that reasonableness by                    
          considering five factors from the perspective of a hypothetical             
          inactive independent investor.  Elliotts, Inc. v. Commissioner,             






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