- 26 - As we have mentioned, the independent investor test measures whether a corporation’s shareholders received a fair return on their investment. Return on equity measures the appreciation of the stockholders’ investments through the corporation’s retainment of earnings. See Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d at 1326-1327; Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1161 (1980); see also Rev. Rul. 79-8, 1979-1 C.B. 92 (stating compensation may be reasonable even when the corporation never paid a substantial portion of its earnings and profits as a dividend). Each party’s expert analyzed whether an independent investor would consider the amount of compensation paid by petitioner reasonable in light of the return on equity (ROE) petitioner’s shareholders received. To do this, the experts first determined the appropriate assumed rate of return on equity that an independent investor would find acceptable for each year in issue. The parties do not agree on the assumed equity rate of return. The second step is to determine the appropriate period in which to compare the ROE received by petitioner’s shareholders with the assumed rates. The parties do not agree on the appropriate period.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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