- 25 - matter how favorable the economic conditions were, petitioner’s success depended on obtaining jobs through the bidding process and completing each job within budget. In other words, petitioner’s success depended on how well Darle, Dean, and Rocky performed their respective jobs, not on the economy’s health. We hold that this factor weighs in petitioner’s favor because its success was not a function of economic circumstances. E. Comparison of Salaries With Distributions to Stockholders and Retained Earnings The Court of Appeals for the Eighth Circuit has stated that the “absence of dividends to stockholders out of available profits justifies an inference that some of the purported compensation really represented a distribution of profits as dividends.” Paul E. Kummer Realty Co. v. Commissioner, 511 F.2d at 315; Charles Schneider & Co. v. Commissioner, 500 F.2d at 153; see also RTS Inv. Corp. v. Commissioner, 877 F.2d at 651. Petitioner never declared a dividend. However, corporations generally are not required to pay dividends. In addition, Darle testified that petitioner did not pay dividends because it wanted a financial cushion in case it had difficulty obtaining jobs. Petitioner had retained earnings of $781,702 as of June 30, 2000. Respondent would argue that petitioner’s retained earnings exceeded the amount needed to sustain its business. We do not find these amounts so excessive as to warrant us to second-guess Darle’s business judgment.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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