Beiner, Inc. - Page 31

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          related to petitioner’s realization of those excess gross                   
          profits, we agree with Wertlieb that petitioner is entitled to              
          pay those profits to Beiner as compensation for his work.  See              
          Elliotts, Inc. v. Commissioner, supra at 1248.                              
               We conclude that a hypothetical inactive independent                   
          investor would consider this factor favorably to require the                
          payment of up to $906,740 and $1,533,093 in compensation to                 
          Beiner in the respective years in order to retain his services              
          during each of those years.                                                 
               3.  Character and Condition of the Company                             
               This factor concerns petitioner’s character and condition.             
          The focus of this factor may be on petitioner’s size as indicated           
          by its sales, net income, or capital value.  The complexities of            
          petitioner’s business and the general economic conditions are               
          also relevant.  Id. at 1246.                                                
               Petitioner was established in 1991 with a $7,000 capital               
          contribution.  In each year after its first short taxable year,             
          petitioner was an extremely well-managed, profitable company in             
          that it experienced extraordinary growth in sales and shareholder           
          equity.  During the respective subject years, its sales totaled             
          $3,473,802 and $3,485,568, and its gross profit totaled                     
          $1,713,718 and $2,420,592.  At the end of the respective years,             
          its shareholder equity totaled $372,513 and $754,837.  During the           
          subject years, its customers were located throughout the United             






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