- 29 - calculation in greater detail); Labelgraphics, Inc. v. Commissioner, T.C. Memo. 1998-343, affd. 221 F.3d 1091 (9th Cir. 2000). Shareholder equity is either the corporation’s shareholders’ equity at the beginning of that year, e.g., Alpha Med., Inc. v. Commissioner, T.C. Memo. 1997-464 at n.8, revd. on other grounds 172 F.3d 942 (6th Cir. 1999), the shareholders’ equity at the end of the year, e.g., Labelgraphics, Inc. v. Commissioner, supra, or the year’s average shareholder equity, e.g., Dexsil Corp. v. Commissioner, 147 F.3d 96, 99 (2d Cir. 1998), affg. T.C. Memo. 1995-135; see B & D Foundations, Inc. v. Commissioner, supra. We shall apply the general ROE approach in this case using petitioner’s shareholders’ equity at the beginning of each tax year in issue. Moreover, the parties do not agree on the appropriate time period to determine whether petitioner’s shareholders’ ROE would satisfy an independent investor. Petitioner argues that we should review the entire period it has been incorporated. Respondent argues that an independent investor would find the 10- year period ending with 2000, the last year in issue, to be a more accurate representation of its investment. If we were to consider petitioner’s tax years outside of the 3 years in issue, we would be inclined to review the entire period it has been incorporated. However, given the facts of this case, an analysis focused on the years in issue is more appropriate.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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