Miller & Sons Drywall, Inc. - Page 29

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          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.                          






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