Miller & Sons Drywall, Inc. - Page 28

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          make the negative-2-percent adjustment on the basis of                      
          petitioner’s conservative capital structure as reflected in its             
          ample cash reserves and borrowing capacity as defined by Dr.                
          Sliwoski, low debt-to-equity ratio, and business model to                   
          maintain consistent yearly sales.                                           
               Therefore, we hold that an independent investor would find             
          the following assumed rates of return acceptable:                           
                                    TYE           TYE           TYE                   
                Factor            June 30,      June 30,    June 30, 2000             
                                    1998          1999                                
            Risk-free rate         6.0%          5.4%          6.8%                   
            Equity risk premium     8.2           8.4           8.5                   

            Size premium            3.3           2.6           4.3                   
            Company specific        (2.0)         (2.0)         (2.0)                 
              risk premium                                                            
            Assumed rate of         15.5          14.4          17.6                  
              return                                                                  
          The average assumed rate of return for the years in issue was               
          15.8 percent.                                                               
                    2.  Time Period and Calculation                                   
               The parties computed the compound growth rates of                      
          petitioner’s shareholders’ equity for 20-year and 10-year                   
          periods.  Instead of using compound growth rates to determine               
          whether an independent investor would be satisfied with the                 
          return on its investment, this Court has generally calculated a             
          corporation’s ROE by dividing its net income after tax for a                
          specific year by its shareholders equity.  See B & D Foundations,           
          Inc. v. Commissioner, T.C. Memo. 2001-262 (discussing the ROE               



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