Leonard Pipeline Contractors, Ltd. - Page 18

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          believed a $100,000 bonus was appropriate and reasonable to reflect         
          Mr. Leonard's personal efforts at securing the All American                 
          Pipeline contract and guaranteeing the loan to the Royal Bank of            
          Canada, as well as his development of the pipeline insulation               
          process.  Therefore, we concluded that $395,000 ($200,000 + $95,000         
          + $100,000) represented an appropriate total amount for Mr.                 
          Leonard's salary and bonus for 1987, and as stated, rounded this            
          amount to $400,000.                                                         
               We also concluded that $296,000 paid to Mr. Leonard was                
          appropriate and, after rounding to $300,000, represented reasonable         
          compensation as a lump-sum retirement payment.  We reached this             
          conclusion on the basis of the fact that petitioner did not offer           
          Mr. Leonard any retirement or pension benefits, a feature common,           
          if not expected, for someone of Mr. Leonard's position with                 
          petitioner.  High compensation is reasonable when there is a                
          corresponding lack of fringe benefits such as pension plans or              
          stock options which might normally be expected.  Rutter v.                  
          Commissioner, 853 F.2d 1267, 1274 (5th Cir. 1988), affg. T.C. Memo.         
          1986-407.                                                                   
               Both parties' experts provided figures for retirement                  
          benefits.  Petitioner's expert Mr. Kesner believed that Mr. Leonard         
          was entitled to a lump-sum payment for retirement benefits of               
          $296,000.  Respondent's expert, Mr. Brennan, stated that in the             
          event the Court determined that Mr. Leonard is entitled to a                
          retirement benefit, he would allocate $167,450 for that benefit.            




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