Beiner, Inc. - Page 34

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               Petitioner’s return on equity (net income/shareholder equity           
          at the end of the year) during the subject years was 28.1 percent           
          and 50.1 percent, respectively (104,545/372,513;                            
          382,789/754,857).  Petitioner’s consistently high return on                 
          equity resulted in an increase in shareholder equity from $7,000            
          to over $754,000 during petitioner’s short existence through                
          2000.  We believe that returns of this magnitude would satisfy an           
          independent investor.                                                       
               Respondent asserts that petitioner during the respective               
          subject years paid Beiner 31.3 and 38.7 percent of its gross                
          receipts and 88.3 and 69.9 percent of its net income (adding back           
          compensation).  Respondent points the Court to Alpha Med. Inc. v.           
          Commissioner, 172 F.3d 942, 948 (6th Cir. 1999), revg. T.C. Memo.           
          1997-464, where the Court of Appeals for the Sixth Circuit held             
          that payments to a sole shareholder of 44.9 percent of gross                
          receipts and 64.6 percent of net income were unreasonable.                  
          Respondent concludes that the compensation payments to Beiner               
          also were unreasonable.                                                     
               We disagree with respondent that the mere fact that a                  
          corporation pays its most valuable employee compensation in an              
          amount exceeding a certain percentage of gross receipts or net              
          income means that part or all of the compensation is                        
          unreasonable.  The amount of reasonable compensation that may be            
          paid to a corporate officer such as Beiner is a question of fact            






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