- 5 - Company Compensation Home Depot $2,841,307 Lowe’s 6,054,977 For TYE 1998, both Home Depot and Lowe’s had substantially greater gross revenue, revenue growth, and net income than Menards, but Menards had the highest return on equity and return on assets of the three companies. After applying the independent investor test established by the Court of Appeals for the Seventh Circuit in Exacto Spring Corp. v. Commissioner, supra, and after considering evidence of CEO compensation paid by comparable companies as required by section 1.162-7(b)(3), Income Tax Regs., we concluded that Menards’s rate of return on equity was sufficient to create a rebuttable presumption that Mr. Menard’s compensation for TYE 1998 was reasonable in amount but that the presumption of reasonableness was rebutted by evidence drawn from comparable companies that Mr. Menard’s compensation was not reasonable. After evaluating the evidence, we held that Mr. Menard’s salary for TYE 1998 was reasonable to the extent of $7,066,912 and allowed Menards a deduction for that amount. As an alternative basis for our decision, we decided whether Mr. Menard’s compensation was payment purely for services rendered or was instead a disguised dividend. In Exacto Spring Corp. v. Commissioner, supra at 835, the Court of Appeals for the Seventh Circuit stated that the “primary purpose of sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011